UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF COLORADO
***

LOCAL RULES OF PRACTICE

***

Effective April 15, 2002

with updates through December 1, 2010
 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CHIEF JUDGE WILEY Y. DANIEL

SENIOR JUDGE RICHARD P. MATSCH
SENIOR JUDGE JOHN L. KANE
SENIOR JUDGE ZITA L. WEINSHIENK
SENIOR JUDGE LEWIS T. BABCOCK
SENIOR JUDGE WALKER D. MILLER
JUDGE MARCIA S. KRIEGER
JUDGE ROBERT E. BLACKBURN
JUDGE PHILIP A. BRIMMER
JUDGE CHRISTINE M. ARGUELLO
******

MAGISTRATE JUDGE MICHAEL J. WATANABE

MAGISTRATE JUDGE BOYD N. BOLAND
MAGISTRATE JUDGE CRAIG B. SHAFFER
MAGISTRATE JUDGE MICHAEL E. HEGARTY
MAGISTRATE JUDGE KRISTEN L. MIX
MAGISTRATE JUDGE KATHLEEN M. TAFOYA
MAGISTRATE JUDGE DAVID L. WEST
MAGISTRATE JUDGE GUDRUN J. RICE

Gregory C. Langham, Clerk

United States District Court
Alfred A. Arraj United States Courthouse
901 19th Street, Room A-105
Denver, Colorado 80294-3589
Civil: 303/844-3433
Criminal: 303/844-2115
Fax: 303/335-2714
Web site: www.cod.uscourts.gov
 TABLE OF CONTENTS
SECTION I - CIVIL RULES

D.C.COLO.LCivR DESCRIPTION PAGE

I. SCOPE, PURPOSE, AND CONSTRUCTION - CIVIL

1.1 Scope of the Local Rules 1

1.2 Forms 1

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS, AND ORDERS

3.1 Civil Cover Sheet 2

3.2 Notice Regarding Judicial Panel on Multidistrict Litigation 2
3.3 Payment of Fees 2
5.1 Filing and Service of Pleadings and Papers 2
5.2 Service by Other Means, Including Electronic Means 4
5.5 Custodian of Non-Filed Discovery Materials 4
5.6 Electronic Case Filing 4
6.1 Stipulations and Motions for Extension of Time; 5
Motions for Continuance

III. PLEADINGS AND MOTIONS

7.1 Motions 6
7.2 Motions to Seal; 7
Motions to Close Court Proceedings
7.3 [Reserved]
7.4 Disclosure Statement 9
7.5 Notice of Related Cases 9
8.1 Pro Se Pleadings 9
8.2 Prisoner Pleadings 10
10.1 Format and Copies of Papers Presented for Filing 10
11.1 Appearances 12
16.1 Scheduling Conference 13
16.2 Scheduling Orders 13
16.3 Final Pretrial Orders 13
16.6 Alternative Dispute Resolution 14

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 SECTION I - CIVIL RULES (Continued)

D.C.COLO.LCivR DESCRIPTION PAGE

IV. PARTIES
24.1 Claim of Unconstitutionality 14

V. DEPOSITIONS AND DISCOVERY

26.1 Compliance with Fed. R. Civ. P. 26 Requirements 14

30.1 Depositions 15
30.2 Effect of Filing Motion for Protective Order, Motion 15
to Limit Examination, or Objection to Discovery Order by Magistrate Judge
30.3 Sanctions for Abusive Deposition Conduct 15
37.1 Form of Discovery Motions 16

VI. TRIALS

40.1 Assignment of Cases 17

40.2 Trial Calendars and Expedited Case Handling 19
41.1 Dismissal 19
41.2 Administrative Closure 19
42.1 Motions to Consolidate 19
43.1 Hearing and Trial Procedures 19
43.2 Accommodations 20
45.1 Subpoena Service 20
47.1 Communication With Jurors 20

VII. JUDGMENT

54.1 Taxation of Costs 20

54.2 Jury Cost Assessment 20
54.3 Attorney Fees 20
56.1 Summary Judgment Motions and Briefs 21

VIII. PROVISIONAL AND FINAL REMEDIES

65.1 Temporary Restraining Orders 21

67.1 Bonds and Other Sureties 22
67.2 Court Registry Investment System (CRIS) 22
67.3 Disbursements of Deposits 23

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 SECTION I - CIVIL RULES (Continued)

D.C.COLO.LCivR DESCRIPTION PAGE

IX. SPECIAL PROCEEDINGS

72.1 General Authority and Duties of Magistrate Judges 24

72.2 Consent Jurisdiction of Magistrate Judges 25
72.3 Reference of Dispositive Motions to Magistrate Judges 26

X. DISTRICT COURT AND CLERK

77.1 Time and Place for Filing 27

77.2 Ex Parte Communication With Judicial Officers 27
79.1 Custody of Files and Exhibits 27
79.2 Inspection of Evidence 27

XI. GENERAL PROVISIONS

81.1 Procedure for Removal 28

83.1 Cameras and Recording Devices 28
83.2 Security 28
83.3 The Bar of the Court 29
83.4 Standards of Professional Responsibility 30
83.5 Attorney Discipline 31
84.1 Bankruptcy Matters 38

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 SECTION II - CRIMINAL RULES

D.C.COLO.LCrR DESCRIPTION PAGE

I. SCOPE, PURPOSE, AND CONSTRUCTION - CRIMINAL

1.1 Scope of the Local Rules 40

II. PRELIMINARY PROCEEDINGS

[No local rules]

III. INDICTMENT AND INFORMATION

6.1 Grand Jury 41

7.1 Information Sheet 41

IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

11.1 Pleas 41
12.1 Motions to Join Prohibited 42
12.4 Disclosure Statement 42
17.1.1 Pretrial Conference 43
17.2 Sealing of Ex Parte Motions and Orders in Criminal Justice Act Cases 43

V. VENUE

[No local rules]

VI. TRIAL

24.1 Communication With Jurors 43

VII. JUDGMENT

26.1 Hearing and Trial Procedures 44

26.2 Accommodations 44
32.1 Deadline and Service for Objections, Motions and Statements to Assist with 44
Sentencing

VIII. APPEAL

[No local rules]

iv
 SECTION II - CRIMINAL RULES (Continued)

D.C.COLO.LCrR DESCRIPTION PAGE

IX. SUPPLEMENTARY OR SPECIAL PROCEEDINGS

[No local rules]

X. GENERAL PROVISIONS

44.1 Appearances 44
46.1 Deposits 45
46.2 Disbursements of Deposits 46
47.1 Motions to Seal; 46
Motions to Close Court Proceedings
47.2 [Reserved] 48
49.1 Service and Filing of Pleadings and Papers 48
49.2 Service by Other Means, Including Electronic Means 49
49.3 Format and Copies of Papers Presented for Filing 49
49.4 Electronic Case Filing 51
50.1 Assignment of Cases 52
55.1 Custody of Files and Exhibits 52
55.2 Inspection of Evidence 53
56.1 Time and Place for Filing 53
57.1 General Authority and Duties of Magistrate Judges 53
57.2 Ex Parte Communication With Judicial Officers 55
57.3 Cameras and Recording Devices 55
57.4 Security 55
57.5 The Bar of the Court 56
57.6 Standards of Professional Responsibility 58
57.7 Attorney Discipline 58
58.1 Forfeiture of Collateral in Lieu of Appearance and Notice of Conviction 65

SECTION III - INDEX TO CIVIL AND CRIMINAL RULES 67

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 SECTION IV - APPENDICES AND ATTACHMENTS

APPENDICES following the Index

Appendix A - Civil Cover Sheet

Appendix B - Supplemental Civil Cover Sheet for Notices of Removal
Appendix C - Schedule of Fees
Appendix D - Facsimile Cover Sheet
Appendix E - Case Caption (Civil)
Appendix F - Instructions for Preparation of Scheduling Order
Scheduling Order
Administrative Review Scheduling Order
Appendix G - Instructions for Preparation of Final Pretrial Order
Final Pretrial Order
Appendix H - [Reserved]
Appendix I - Information for Temporary Restraining Order
Appendix J - Plea Agreement and Statement of Facts Relevant to Sentencing
Appendix K - Statement by Defendant in Advance of Plea of Guilty
(In Accordance With the Sentencing Guidelines)
Appendix L - Case Caption (Criminal)
Appendix M - Consent to the Exercise of Jurisdiction by a United States
Magistrate Judge
Appendix N - Judicial Officer Initials
Appendix O - Administrative Order 2007-6 - In the Matter of Rules of Professional
Conduct

ATTACHMENTS

General Order 2002-3 - Order Concerning Procedures for Guideline Sentencing Under
the Sentencing Reform Act of 1984

vi
 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CIVIL RULES

I. SCOPE, PURPOSE, AND CONSTRUCTION

D.C.COLO.LCivR 1.1
SCOPE OF THE LOCAL RULES

A. Title and Citation. These rules shall be known as the Local Rules of Practice of
the United States District Court for the District of Colorado-Civil. These rules
shall be cited as D.C.COLO.LCivR Rule, Section, Subsection, and Paragraph
(e.g., D.C.COLO.LCivR 72.1A.1.a.).

B. Effective Date. These rules became effective on April 15, 2002 and are updated
effective Dec. 1, 2010.

C. Scope. These rules apply in all civil actions filed in the United States District
Court for the District of Colorado.

D. Relationship to Prior Rules. Except as otherwise provided in D.C.COLO.LCivR

83.4, concerning standards of professional responsibility governing conduct of
attorneys, these rules supersede all previous local rules.

E. Numbering and Indexing. These rules are numbered and indexed in

accordance with the Judicial Conference Uniform Numbering System.

F. Judicial Officer. A judicial officer refers to a district judge or to a magistrate

judge.

G. Clerk. Reference in these rules to the clerk refers to the Clerk of the Court or a
deputy clerk, unless otherwise specified.

H. Appendices. Appendices are subject to modification without notice.

D.C.COLO.LCivR 1.2
FORMS
The forms referred to in these rules may be modified by the court or a judicial
officer at any time. Parties may refer to the court’s web site or contact the clerk’s office
to confirm that they are using the most current forms, if any, used by the judicial officer
assigned to their action.

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 II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS,
PLEADINGS, MOTIONS, AND ORDERS
D.C.COLO.LCivR 3.1
CIVIL COVER SHEET

A. Civil Cover Sheet. A properly completed Civil Cover Sheet (see Appendix A)
shall be given to the clerk at the commencement of each civil action. If the filing
party is represented by counsel, the Civil Cover Sheet shall be completed and
signed by an attorney of record in the case.

B. Supplemental Civil Cover Sheet for Notices of Removal. A properly

completed Supplemental Civil Cover Sheet for Notices of Removal (see
Appendix B) shall be given to the clerk at the time a notice of removal is filed.

D.C.COLO.LCivR 3.2
NOTICE REGARDING JUDICIAL PANEL ON MULTIDISTRICT
LITIGATION

A party shall promptly file a notice of pendency of action or proceeding if a civil

action filed in this court is the subject of, or related to, an action or proceeding pending
before the Judicial Panel on Multidistrict Litigation.

D.C.COLO.LCivR 3.3
PAYMENT OF FEES
A. Filing Fee. The clerk shall require payment of a filing fee before a civil action,
suit, or proceeding is filed. When a pleading is received for filing without the
required fee, the clerk shall notify the filing party that the pleadings will be held
and not accepted for filing until the required fee is received or an order allowing
the party to proceed in forma pauperis is entered. When the filing fee or order is
received, the clerk shall file the pleading.

B. Fees. See Schedule of Fees (Appendix C).

D.C.COLO.LCivR 5.1
FILING AND SERVICE OF PLEADINGS AND PAPERS

A. Service Contemporaneous with Filing. If a paper is filed, but service is not

made by electronic means, service shall be made under Fed. R. Civ. P. 5(b) on
the same date as the date of filing.

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B. Facsimile Filing. A pleading or paper which does not require a filing fee and is
no longer than ten pages, including all attachments, may be filed with the clerk by
means of facsimile at a telephone number that may be obtained from the court’s
web site or clerk’s office. On receipt of a facsimile filing, the clerk will make the
copies required under D.C.COLO.LCivR 10.1L. Facsimiles received by the clerk
after 5:00 p.m. (Mountain Time) will be considered filed as of the next business
day. Unless otherwise ordered by the court, a pleading or paper filed by
facsimile shall be treated as an original for all court purposes.

C. Facsimile Cover Sheet. A pleading or paper filed with the clerk by facsimile
must be accompanied by a facsimile cover sheet (see Appendix D) which
includes the following:

1. the date of transmission;

2. the name, facsimile number, and telephone number of the attorney or pro
se party making the transmission;

3. the case number, caption, and title of the pleading or paper; and

4. the number of pages of the pleading or paper being transmitted including

the facsimile cover sheet.

D. Confirmation of Facsimile Filing. Confirmation that the clerk received a

facsimile filing may be made by:

1. reviewing the docket entries, or

2. transmitting an additional copy of the first page of the pleading or paper,

and requesting on the facsimile cover sheet that the first page of the
pleading or paper be file stamped by the clerk and returned to the attorney
or pro se party via facsimile.

E. Original Pleading or Paper. If a facsimile copy is filed in lieu of the original

pleading or paper, the attorney or pro se party shall maintain the original
document including the certificate of service. See D.C.COLO.LCivR 5.1F. At the
direction of a judicial officer, the transmitting party may be required to file the
original document accompanied by a letter noting that the original document is
being filed after transmission by facsimile.

F. Signatures. Signatures on pleadings or papers filed by facsimile shall have the

same legal effect as original signatures on pleadings actually filed with the court.

G. Certificate of Service. Each paper, other than one filed ex parte, shall be
accompanied by a certificate of service indicating the date it was served, the
name and address of the person to whom it was sent, and the manner of service.
Where service is by electronic means, the electronic mail address or facsimile
number used shall be listed.

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D.C.COLO.LCivR 5.2
SERVICE BY OTHER MEANS, INCLUDING ELECTRONIC MEANS
A. Electronic Case Filing Registration. Registration with the court’s Electronic
Case Filing system shall constitute consent to electronic service of all documents
in accordance with the Federal Rules of Civil Procedure.

B. Form and Content of Consent. A party’s consent to accept service by other

means, as authorized by Fed. R. Civ. P. 5(b), shall be expressly stated and filed
in writing with the clerk. The consent shall include:

1. the persons to whom service should be made; and

2. the appropriate address or location for such service, as authorized by Fed.

R. Civ. P. 5(b).

C. Duration of Consent. A party’s consent shall remain effective for all service
authorized by Fed. R. Civ. P. 5 or Fed. R. Civ. P. 77(d) until expressly revoked or
until the representation of a party changes through entry, withdrawal, or
substitution of counsel.

D. Notice of Change of Electronic-Mail Address or Facsimile Number. Within

five days after any change of electronic-mail address or facsimile number of any
attorney or pro se party who has consented to service by other means, including
electronic means, notice of the new electronic-mail address or facsimile number
shall be filed.

E. Effect of Electronic Service. If a document is electronically filed and thereby

electronically served, the time to respond or reply shall be calculated from the
date of electronic service, regardless of whether other means of service are also
used by the filing party.

D.C.COLO.LCivR 5.5
CUSTODIAN OF NON-FILED DISCOVERY MATERIALS
Counsel or a pro se party noticing a deposition or responsible for serving other
non-filed discovery materials shall act for the court as custodian of such material.
Nonfiled discovery materials under Fed. R. Civ. P. 5(d) include notices to take
depositions and discovery subpoenas. The original sealed deposition transcript shall be
brought to trial and opened only upon court order.

D.C.COLO.LCivR 5.6
ELECTRONIC CASE FILING
A. Electronic Filing. Pursuant to Fed. R. Civ. P. 5(e), the court will permit
materials to be filed, signed, and verified by electronic means. Parties filing by
electronic means shall comply with standards and procedures set forth in a
manual entitled “Electronic Case Filing Procedures for the District of Colorado
(Civil Cases).” The current version of that manual shall be available in the clerk’s
office, and shall be posted on the court’s web site.

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B. Paper Filings. Parties authorized or directed to file in paper format, pursuant to
exceptions enumerated in the Electronic Case Filing Procedures for the District
of Colorado (Civil Cases), shall continue to file in accordance with all provisions
of the local rules.

C. Time. Nothing in the Electronic Case Filing Procedures for the District of
Colorado (Civil Cases) alters the rules governing the computation of the
deadlines for filing and service of documents that are set forth in Fed. R. Civ. P.
6.

D. Service. Parties are authorized to make service under Fed. R. Civ. P. 5(b)(3)
through the court’s transmission facilities.

D.C.COLO.LCivR 6.1
STIPULATIONS AND MOTIONS FOR EXTENSION OF TIME;
MOTIONS FOR CONTINUANCE
A. Extension on Stipulation. The parties may stipulate in writing to one extension
of not more than 21 days beyond the time limits prescribed in the Federal Rules
of Civil Procedure to respond to a complaint, cross-claim, counterclaim, third-
party complaint, interrogatories, requests for production of documents, or
requests for admissions. The stipulation must be filed before the expiration of the
time limits to respond prescribed in the Federal Rules of Civil Procedure, and
shall be effective upon filing, unless otherwise ordered.

B. Judicial Enforcement of Extension on Stipulation. Except as provided in

section A. above, or approved by order of the court, no stipulation by the parties
shall be binding on or enforced by the court, including stipulations concerning a
date or deadline established by court order, hearing dates, and case
management deadlines.

C. Extension on Motion. Except as provided in section A. of this rule, all requests

for extensions of time must be approved by court order on motion.

D. Content of Motion for Extension of Time. Any motion for extension of time
shall state the reason an extension is required, state a date certain for the
requested extension of time, and state the total number of extensions previously
granted, including those obtained under section A. of this rule.

E. Service on Client. A stipulation or motion for extension of time or continuance

shall be served simultaneously on the moving attorney’s client.

F. Time Limitations. Except as provided in section A. of this rule:

1. no agreement of the parties to shorten or extend any time limitation

provided by the Federal Rules of Civil Procedure or these rules will be
recognized or enforced, nor will such an agreement be considered just
cause for failing to perform within the time limits established by those
rules; and

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 2. only time variances specifically approved by court order will be recognized
as having any binding or legal effect.

III. PLEADINGS AND MOTIONS

D.C.COLO.LCivR 7.1
MOTIONS

A. Duty to Confer. The court will not consider any motion, other than a motion
under Fed. R. Civ. P. 12 or 56, unless counsel for the moving party or a pro se
party, before filing the motion, has conferred or made reasonable, good-faith
efforts to confer with opposing counsel or a pro se party to resolve the disputed
matter. The moving party shall state in the motion, or in a certificate attached to
the motion, the specific efforts to comply with this rule. This section A. shall not
apply to cases involving pro se prisoners.

B. Unopposed Motion. If a motion is unopposed, it shall be entitled “Unopposed

Motion for ________.”

C. Motion, Response and Reply; Time for Serving and Filing; Length.
Excluding motions filed under Fed. R. Civ. P. 56 or 65, a motion involving a
contested issue of law shall state under which rule or statute it is filed and be
supported by a recitation of legal authority incorporated into the motion. The
responding party shall have 21 days after the date of service of a motion, or such
lesser or greater time as the court may allow, in which to file a response. The
moving party may file a reply within 14 days after the date of service of the
response, or such lesser or greater time as the court may allow. The date of
service of a motion which is electronically filed shall be determined in accordance
with D.C.COLO.LCivR 5.2E. Nothing in this rule precludes a judicial officer from
ruling on a motion at any time after it is filed.

A motion shall not be included in a response or reply to the original motion. A

motion shall be made in a separate paper.

D. Citations. Every citation in a motion, response or reply shall include the specific
page or statutory subsection to which reference is made. If an unpublished
opinion is cited, a copy of the opinion shall be provided to any party appearing
pro se.

E. Supplemental Authority. If the matter is set for hearing, any supplemental

authority must be filed at least five days before the hearing.

F. Proposed Order. A moving party may submit a proposed order with an

unopposed motion or nondispositive motion. A general order attached to a
motion (such as “it is ordered” or “so ordered”) is not permitted. A proposed
order must be on separate paper, bear a separate caption, and set out clearly the
order’s basis and terms.

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G. Hearings. A motion may be decided on the papers unless oral argument, at the
court’s discretion, is ordered.

H. Sanctions. Motions, responses, and replies shall be concise. A verbose,

redundant, ungrammatical, or unintelligible motion, response, or reply may be
stricken or returned for revision, and its filing may be grounds for imposing
sanctions.

D.C.COLO.LCivR 7.2
MOTIONS TO SEAL;
MOTIONS TO CLOSE COURT PROCEEDINGS
A. Scope. The court has a constitutional obligation to determine whether sealing a
paper filed in a case or closing all or a portion of a court proceeding is warranted.
On motion and an appropriate showing, a judicial officer may order:
1. that a paper filed in a case shall be sealed; or

2. that all or a portion of a court proceeding shall be closed to the public.

B. Judicial Enforcement of Stipulations to Seal. A stipulated protective order or

a confidentiality agreement executed by the parties, standing alone, will not
suffice for sealing a paper or closing a court proceeding to the public, will not
substitute for the showing required by D.C.COLO.LCivR 7.2C., and will not be
binding on the court. Any document that a party asserts should not be part of the
public record pursuant to a protective order or a confidentiality agreement shall
be filed as a sealed document. The document shall be sealed for 14 days. If no
motion to seal is filed within 14 days, the document shall be automatically
unsealed.

C. Motion to Seal. Any motion to seal or restrict public access shall address, at a
minimum:

1. the nature of the material or the proceeding at issue;

2. the private interest that, when weighed against the qualified right or
presumption of public access to court files and proceedings, warrants the
relief sought;

3. the clearly defined and serious injury that would result if the relief sought is
not granted; and

4. why a less restrictive alternative to the relief sought is not practicable or

would not adequately protect the interest in question (e.g., redaction,
summarization, limited sealing of exhibits or portions of exhibits).

D. Rule 11 Compliance. An attorney or pro se party shall not attempt to seal a

pleading, motion or any supporting material unless he or she is satisfied
(consistent with Fed. R. Civ. P. 11) that he or she can demonstrate reasons for
an order to seal.

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E. Motion Open to Public Inspection. A motion to seal or close a court
proceeding will be placed in the case file and open to public inspection.

F. Manner of Filing

1. Electronic Means. A paper filed electronically under seal shall conform

with the court’s “Electronic Case Filing Procedures for the District of
Colorado (Civil Cases),” Section VI.

2. Other Means. Any other paper filed under seal must be placed unfolded
in a sealed envelope with a cover page affixed to the outside of the
envelope. The cover page affixed to the outside of the sealed envelope
must include:

a. the case caption;

b. the title of the paper;

c. the name, address, and telephone number of the attorney or pro se

party filing the paper;

d. a notation that the paper is filed under seal;

e. the title and date of the court order pursuant to which the paper is
sealed, if applicable; or

f. the citation of the statute or other authority pursuant to which the

paper is sealed, if applicable.

G. Effect of Filing a Motion to Seal. A paper that is the subject of a motion to seal
will be sealed until the motion is determined by a judicial officer.

H. Public Notice; Objections. On the next business day after the filing of a motion
to seal or motion to close court proceedings, a public notice will be posted in the
clerk’s office and on the court’s web site. The public notice will advise of such
motion and state that any person or entity may file objections to the motion on or
before the date set forth in such public notice. The date will not be less than
three days after the public notice is posted. The three day time period shall
exclude weekends and legal holidays.

I. Order. No order to seal or close court proceedings will be entered before the
date set forth in the public notice for filing objections, except in emergency
circumstances shown or referred to in the motion.

J. Effect of Denial of a Motion to Seal. A paper filed under seal shall be deemed
part of the public record if a motion to seal is denied, unless otherwise requested
and ordered by the court, or subject to Fed. R. Civ. P. 72(a) concerning
objections relating to non-dispositive matters.

D.C.COLO.LCivR 7.3 [Reserved]

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D.C.COLO.LCivR 7.4
DISCLOSURE STATEMENT
A. Who Must File. Any nongovernmental corporate party or other legal entity to a
proceeding in a district court must file a disclosure statement identifying all its
parent entities and listing any publicly held entity that owns ten percent or more
of the party’s stock.

B. Time for Filing; Supplemental Filing.

1. A party must file the disclosure statement upon its first appearance,
pleading, petition, motion, response, or other request addressed to the
court.

2. A party must promptly file a supplemental disclosure statement upon any

change in the information that the statement requires.

D.C.COLO.LCivR 7.5
NOTICE OF RELATED CASES
A. Who Must File. A party to a case must file a notice identifying all cases pending
in this or any other federal, state, or foreign jurisdiction that reasonably may be
related to the case.

B. Related Cases. “Related” cases are cases that have at least one party in
common and that have common questions of law and fact.

C. Time for Filing; Supplemental Filing.

1. A party shall file the required notice at the time of its first appearance or at
the time of the filing of its first pleading, petition, motion, response, paper,
or other matter addressed to the court.

2. A party shall file promptly a supplemental notice of any change in the

information required under this rule.
D. Notice to Judicial Officers. The notice of a related case shall be provided by
the clerk to all judicial officers to whom the related case or cases are assigned.

E. Procedure on Receipt of Notice. On receipt of notice of a related case, the

judicial officers to whom the related cases are assigned shall confer to discuss
whether the related cases should be submitted for special assignment or
reassignment under D.C.COLO.LCivR 40.1A. or transfer under D.C.COLO.LCivR
40.1C.4.a.

D.C.COLO.LCivR 8.1
PRO SE PLEADINGS

A. Forms and Instructions. A pro se party shall use the forms established by this
court to file an action. On request, the clerk shall provide copies of the
necessary forms and instructions for filing an action.

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B. Fees. A judicial officer shall grant or deny a motion to proceed without payment
of fees.

C. Review of Pro Se Pleadings. A judicial officer designated by the Chief Judge

shall review the pleadings of a pro se party who is allowed to proceed without
prepayment of fees to determine whether the pleadings should be dismissed
summarily. A judicial officer may request additional facts or documentary
evidence necessary to make this determination.

D. Assignment. If an action is not dismissed summarily, the action shall be

assigned to a district judge and to a magistrate judge in accordance with
D.C.COLO.LCivR 40.1. A judicial officer to whom the action is assigned may
order issuance of a summons.

D.C.COLO.LCivR 8.2
PRISONER PLEADINGS
A. Forms and Instructions. A pro se prisoner shall use the forms established by
this court to file an action. On request, the clerk shall provide copies of the
necessary forms and instructions for filing an action.

B. Fees. A judicial officer shall grant or deny a motion to proceed without

prepayment of fees.

C. Review of Prisoner Pleadings. A judicial officer designated by the Chief Judge

shall review the pleadings of a prisoner (regardless of representation by counsel)
to determine whether the pleadings should be dismissed summarily if the
prisoner is:

1. allowed to proceed without prepayment of fees;

2. challenging prison conditions;

3. seeking redress from a governmental entity, officer, or employee; or

4. asserting claims pertinent to his or her conviction or sentence, except in

death penalty cases.

A judicial officer may request additional facts or documentary evidence

necessary to make this determination.

D. Assignment. If an action is not dismissed summarily, the action shall be

assigned to a district judge and to a magistrate judge in accordance with
D.C.COLO.LCivR 40.1. A judicial officer to whom the action is assigned may
order issuance of a summons, an order to answer, or an order to show cause.

D.C.COLO.LCivR 10.1
FORMAT OF PAPERS PRESENTED FOR FILING
A. Definition. The term "papers" includes pleadings, motions, briefs, or other filings
made pursuant to the Federal Rules of Civil Procedure or these rules.

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B. Size. All documents filed with the court shall be on 8½- by 11-inch, white paper.
Use of recycled paper is acceptable.

C. Margins. Margins shall be 1½ inches at the top and 1 inch at the left, right,
and bottom.

D. Font. Except in pro se cases or for good cause shown, all papers shall be
typewritten using black ink and not less than 12-point font.

E. Spacing. All papers shall be double-spaced.

F. Text. Text shall be printed on one side of the page only.

G. Legible. All papers and signatures shall be legible.

H. Exhibits. Exhibits, other than documentary evidence in a different format, shall

conform to this rule.
I. First Page; Case Number. The title of every paper shall reflect accurately its
nature and the identity of the party on whose behalf it is filed. All papers filed in
pending cases after commencement of the case shall bear the proper case
number, the case year, the type of case, the chronological case number, the
initials of the assigned district judge; and the initials of the assigned magistrate
judge:

When the case is commenced, the clerk will select and designate the type of
case, the assigned district judge and the assigned magistrate judge. The parties
will thereafter use that designation as the case number. For the initials of the
judicial officers, see Appendix N.

(1) A civil case shall be designated “cv” (for example 05-cv-01234-WYD-

MJW;

(2) Miscellaneous filing of papers shall be designated “mc” (for example 05-
mc-00123); and

(3) Registration of judgment pursuant to 28 U.S.C. § 1963 shall be designated

“rj” (for example 05-rj-00123).

J. Caption. The caption format shall be as set forth in Appendix E. Parties shall be
listed in a caption with one party per line. The proper name of a party shall be in
capital letters, and any identifying text shall be in upper and lower case
immediately following the proper name. For example:

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 XOXOXO, and
XOXOXO,

Plaintiffs,

v.

XOXOXO,
XOXOXO, individually, and in his official capacity as _____,
XOXOXO, d/b/a XOXOXO,
XOXOXO, a/k/a XOXOXO,
XOXOXO, INC., a Colorado corporation, and
XOXOXO whose true name is unknown.

Defendants.

K. Signature Block. The name, current mailing address, and telephone number of
any attorney of record or pro se party filing a paper shall be typed in a signature
block at the end of the paper. A post office box number will be accepted as a
mailing address, but a street address also must be provided. An electronic-mail
address is required unless the filer is allowed to file in paper format pursuant to
exceptions enumerated in the Electronic Case Filing Procedures of the District of
Colorado (Civil Cases). A facsimile number is optional. A paper shall be legibly
signed in the signature block by the attorney of record or pro se party filing the
paper.

L. Original Papers. Except for papers filed by facsimile pursuant to

D.C.COLO.LCivR 5.1A. and filings made electronically pursuant to
D.C.COLO.LCivR 5.6A., an original paper shall be filed with the court.

M. Notice of Change of Address, E-mail Address, or Telephone Number.

Within five days after any change of address, e-mail address (including any
change of e-mail address to be used in the account maintenance link in ECF), or
telephone number of any attorney or pro se party, notice of the new address, e-
mail address, or telephone number shall be filed.

D.C.COLO.LCivR 11.1
APPEARANCES
A. Appearances. An appearance by or on behalf of a party shall be made in open
court or in a pleading, motion, entry of appearance, or other paper personally
signed by the individual making the appearance. Only pro se individual parties
and members of this court’s bar may appear or sign pleadings, motions, or other
papers. Any pleading, motion, or paper listing in a signature block, or purporting
to enter an appearance by, any other person, partnership, professional
corporation, limited liability company, or other entity may be stricken.

B. Signature Not to Be Delegated. The responsibility for signing pleadings,

motions, or other papers shall not be delegated.

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C. Signatures and Signature Pages. Facsimile signatures on documents filed with
the court shall have the same legal effect as original signatures on documents
filed with the court. If a facsimile signature page with the facsimile signature of a
member of this court’s bar is attached to a pleading, motion, or other paper filed
with the court, the member of this court’s bar shall maintain the original signature
page. At the direction of a judicial officer, the member of this court’s bar may be
required to file the original signature page.

D. Attorney for the United States Government. This rule shall not be applied or
construed in a manner inconsistent with any statute or federal rule governing an
attorney for the United States government who appears in a case.

D.C.COLO.LCivR 16.1
SCHEDULING CONFERENCE
A scheduling conference will be convened by a judicial officer to develop a
scheduling order. The order setting the scheduling conference will set the deadline for
the parties to meet and attempt to agree on a scheduling order. Plaintiff shall prepare
the proposed scheduling order, unless counsel or the pro se parties have agreed
otherwise. Any area of disagreement shall be set forth separately with brief statements
of the reasons for disagreement. It should be expected that the court will make
modifications in the proposed order and will discuss limitations on discovery,
simplification of the issues, stipulations of fact, and other matters affecting the
management of the litigation. Accordingly, counsel responsible for the trial of the case
will be present. The schedule established by a scheduling order shall not be modified
except upon a showing of good cause and by leave of court.

D.C.COLO.LCivR 16.2
SCHEDULING ORDERS

A. Instructions for Preparation. Unless otherwise instructed by a judicial officer,

when a scheduling order is required, it shall be prepared in accordance with the
Instructions for Preparation of Scheduling Order. See Appendix F.

B. Limitations. Unless otherwise ordered by a judicial officer, scheduling orders for

discovery, joinder, and amendment of pleadings are unnecessary in:

1. appeals from the bankruptcy court (see D.C.COLO.LCivR 40.1.D.4.); and

2. categories of proceedings listed in Fed. R. Civ. P. 26(a)(1)(B).

D.C.COLO.LCivR 16.3
FINAL PRETRIAL ORDERS
Unless otherwise instructed by a judicial officer, when a final pretrial order is
required, it shall be prepared in accordance with the Instructions for Preparation of Final
Pretrial Order. See Appendix G.

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D.C.COLO.LCivR 16.6
ALTERNATIVE DISPUTE RESOLUTION
Pursuant to 28 U.S.C. § 652, all litigants in civil cases shall consider the use of an
alternative dispute resolution process. At any stage of the proceedings, on a district
judge’s initiative or pursuant to motion or stipulation of counsel or the pro se parties, a
district judge may direct the parties to a suit to engage in an early settlement conference
or other alternative dispute resolution proceeding. To facilitate settlement or resolution
of the suit, the district judge or a magistrate judge exercising consent jurisdiction may
stay the action in whole or in part during a time certain or until further order. Relief from
an order under this section may be had upon motion showing good cause. Unless
otherwise ordered by a judicial officer, cases exempt from this rule are:

1. those in which the plaintiff is a prisoner proceeding pro se; and

2. habeas corpus actions.

IV. PARTIES
D.C.COLO.LCivR 24.1
CLAIM OF UNCONSTITUTIONALITY
A. Act of Congress. A party who questions the constitutionality of an Act of
Congress in an action where neither the United States nor any of its agencies,
officers, or employees is a party shall file with the court written notice stating the
case title, identifying each questioned statute, and describing the grounds on
which unconstitutionality is asserted. The party raising such question shall serve
a copy of this written notice on the United States Attorney General and the
United States Attorney by certified mail, return receipt requested, and file proof of
service with the court.

B. State Statute. A party who questions the constitutionality of a state statute in an

action where neither that state nor any of its agencies, officers, or employees is a
party shall file with the court written notice stating the case title, identifying each
questioned statute, and describing the grounds on which unconstitutionality is
asserted. The party raising such question shall serve a copy of this written notice
on the attorney general of the state involved by certified mail, return receipt
requested, and file proof of service with the court.

C. Certification. On receipt of a notice of unconstitutionality, the court shall comply

with the certification provisions of 28 U.S.C. § 2403.

V. DEPOSITIONS AND DISCOVERY

D.C.COLO.LCivR 26.1
COMPLIANCE WITH FED. R. CIV. P. 26 REQUIREMENTS
A. Proposed Scheduling Order. The tendering of a proposed scheduling order in
the form specified in Appendix F shall satisfy the requirement of submitting a
written report outlining the discovery plan pursuant to Fed. R. Civ. P. 26(f).

14
B. Pretrial Disclosures. The tendering of a proposed final pretrial order in the form
specified in Appendix G shall satisfy the requirement of Fed. R. Civ. P. 26(a)(3)
that pretrial disclosures be filed with the court.

D.C.COLO.LCivR 30.1
DEPOSITIONS
A. Reasonable Notice; Scheduling. Unless otherwise ordered by the court,
“reasonable notice” for the taking of depositions shall be not less than 14 days,
as computed under Fed. R. Civ. P. 6. Before sending a notice to take a
deposition, counsel or the pro se party seeking the deposition shall make a good
faith effort to schedule it by agreement at a time reasonably convenient and
economically efficient to the proposed deponent, all counsel of record, and pro se
parties.

B. Limiting Time and Expense. Prior to scheduling or noticing any deposition, all
counsel and pro se parties involved shall confer in a good-faith effort to agree on
reasonable means of limiting the time and expense to be spent for that
deposition. During that conference, they shall attempt in good faith to agree on a
less expensive and less time-consuming method of obtaining the evidence
sought including, without limitation, interviewing the witness under oath by
telephone or in person.

D.C.COLO.LCivR 30.2
EFFECT OF FILING MOTION FOR PROTECTIVE ORDER, MOTION TO
LIMIT EXAMINATION, OR OBJECTION TO DISCOVERY ORDER BY
MAGISTRATE JUDGE
A. Motion for Protective Order or to Limit Examination. Pending resolution of
any motion under Fed. R. Civ. P. 26(c) or 30(d), no party, attorney, or witness is
required to appear at the deposition to which the motion is directed until the
motion has been resolved. The filing of a motion under either of these rules shall
stay the discovery to which the motion is directed until further order of the court.

B. Objection to Discovery Order by Magistrate Judge. The filing of an objection,

pursuant to Fed. R. Civ. P. 72(a), to an order by a magistrate judge concerning a
discovery issue does not stay the discovery to which the order is directed. Any
stay of the magistrate judge’s order must be sought and obtained separately by
motion filed initially with the magistrate judge, and if denied, then with the
assigned district court judge. The motion shall be supported by good cause.

D.C.COLO.LCivR 30.3
SANCTIONS FOR ABUSIVE DEPOSITION CONDUCT
A. Prohibited Conduct. The following abusive deposition conduct is prohibited:

1. Making objections or statements which have the effect of coaching the

witness, instructing the witness concerning the way in which he or she
should frame a response, or suggesting an answer to the witness.

15
 2. Interrupting examination for an off-the-record conference between counsel
and the witness, except for the purpose of determining whether to assert a
privilege. Any off-the-record conference during a recess may be a subject
for inquiry by the opposing counsel or pro se party, to the extent the
conference is not privileged.

3. Instructing a deponent not to answer a question except when necessary to

preserve a privilege, to enforce a limitation on evidence directed by a
judicial officer, or to present a motion under Fed. R. Civ. P. 30(d)(3)(A).

4. Filing a motion for protective order or to limit examination without a

substantial basis in law.

5. Questioning that unfairly embarrasses, humiliates, intimidates, or

harasses the deponent, or invades his or her privacy absent a clear
statement on the record explaining how the answers to such questions will
constitute, or lead to, competent evidence admissible at trial.
B. Standing Order; Special Master. The prohibitions reflected in section A. of this
rule shall be treated as a standing order of the court for purposes of Fed. R. Civ.
P. 37(b). Whenever it comes to the attention of a judicial officer that an attorney
or party has engaged in abusive deposition conduct, a judicial officer may
appoint a special master under Fed. R. Civ. P. 53, at the expense of the attorney
or person engaging in such conduct (or of both sides), to attend future
depositions, exercise such authority, and prepare such reports as a judicial
officer shall direct.

C. Location of Deposition. If deposition abuse is anticipated, a judicial officer may

order that any deposition be taken at the courthouse or special master’s office so
that, at the request of any party, witness, or counsel, any dispute may be heard
and decided immediately by a judicial officer or special master.

D. Expenses, Costs, and Fees. Whenever a judicial officer determines that any
party or counsel unreasonably has interrupted, delayed, or prolonged any
deposition, whether by excessive questioning, objecting, or other conduct, that
party or its counsel, or both, may be ordered to pay each other party’s expenses,
including without limitation, reasonably necessary travel, lodging, reporter’s fees,
attorney fees, and videotaping expenses, for that portion of the deposition
determined to be excessive. In addition, that party or its counsel, or both, may
be required to pay all such costs and expenses for any additional depositions or
hearing made necessary by its misconduct.

D.C.COLO.LCivR 37.1
FORM OF DISCOVERY MOTIONS

A motion under Fed. R. Civ. P. 26 or 37 directed to an interrogatory, request, or

response under Fed. R. Civ. P. 33 or 34 shall either set forth in the text of the motion
the specific interrogatory, request, or response to which the motion is directed, or an
exhibit that contains the interrogatory, request, or response shall be attached.

16
 VI. TRIALS
D.C.COLO.LCivR 40.1
ASSIGNMENT OF CASES

A. Assignment in General. Except as provided in this rule and in

D.C.COLO.LCivR 8.1 and 8.2, civil cases shall be assigned to judicial officers by
random draw. Work parity shall be maintained among active district judges,
provided that a majority of active district judges may adjust the assignment of
cases to the Chief Judge as may be necessary for the performance of the duties
of that office, and may, for good cause, approve special assignment or
reassignment of cases among the judicial officers of the court. All other transfers
of cases from one judicial officer to another shall be subject to the Chief Judge’s
approval.

B. Random Draw by Computer. The clerk shall maintain a computerized program

to assure random and public assignment of new cases on an equal basis among
the judicial officers. A senior judge may decline assignment of cases and, on
written notice to the Chief Judge, limit participation in the random draw by a
stated percentage.

C. Special Assignment.

1. If the pro se plaintiff filing a new case already has a case pending or had a
case terminated within 12 months of the new filing, the new case shall be
assigned to the district judge who was assigned the earlier case.

2. Once a bankruptcy appeal or motion to withdraw the reference has been

assigned to a district judge by random draw, any case subsequently filed
concerning the same debtor in bankruptcy shall be assigned to the same
district judge. The party filing the subsequent case shall notify the clerk in
writing of the pending bankruptcy matter.

3. On filing a civil forfeiture proceeding, the United States Attorney shall

notify the clerk in writing when a potential claimant is a defendant in a
pending criminal case. The civil case shall be assigned to the judge to
whom the criminal case was assigned.

4. A new case that is related under D.C.COLO.LCivR 7.5 to a pending case

may be assigned to the same judicial officers:

a. by special reassignment on a majority vote of the active district

judges under D.C.COLO.LCivR 40.1A.; or

b. by transfer with approval of the Chief Judge under

D.C.COLO.LCivR 40.1A.; or

c. by entry of an order granting a motion to consolidate pursuant to

Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1.

17
D. “AP” Cases. Upon the filing of any administrative agency or bankruptcy appeal,
the clerk will assign a case number without random selection to a district judge
designated by the Chief Judge. The case number shall bear the initials “AP” to
identify it as an appeal. A separate listing of “AP” cases shall be maintained.
The clerk shall confirm that the notice of appeal was timely filed or, in the case of
administrative agency appeals, that final agency action is alleged. Judicial staff
shall then set the case for a prebriefing conference before a judicial officer.
Conference dates will be on a fixed schedule and judicial staff shall schedule
each appeal. Notice advising counsel and any pro se party of the conference
date shall describe the action to be taken at the prebriefing conference. During
the pendency of the action, the clerk will docket all pleadings, briefs and orders,
and will prepare the judgment in accordance with the court’s decision on appeal.

1. At the prebriefing conference, the judicial officer will determine whether

the appeal can be resolved by stipulation, confession, or settlement. If
not, the judicial officer will narrow the issues on appeal, refine the
designation of record on appeal, and set the briefing schedule. Reference
to Bankruptcy Rule 8009 shall be made in appropriate cases. The clerk
shall attend each conference and prepare a minute order setting forth the
schedule of further proceedings including the briefing schedule. If, in the
opinion of the judicial officer, the appeal is filed for purposes of delay or
other just cause appears, the judicial officer shall include in the minute
order a notation that the appeal should be expedited, and the clerk shall
stamp the word “EXPEDITE” on the face of both court file jackets.

2. The clerk shall monitor the “AP” docket and shall provide such reports and
information as requested by the district judge assigned to administer
cases filed pursuant to this rule.

3. The clerk shall refer any motions for extensions of time, for permission to
exceed briefing limits, to supplement the record, to strike or impose
sanctions, etc., to the district judge assigned to administer cases filed
pursuant to this rule. When all briefs are filed and the appeal is at issue,
the clerk will draw, using the automated random assignment procedure, a
district judge to whom the case will be reassigned. The case will be
renumbered, changing the “AP” designation to the assigned district
judge’s identification initial(s), and the copy file will be delivered to that
district judge. The clerk will advise counsel of record and any pro se party
of this reassignment.

4. No scheduling order shall be prepared in cases governed by this

subsection.

E. Recusal. Recusal of an active judicial officer shall be only by written order

setting forth the reasons.

F. Adjustments. On recusal or special assignment of a case to a judicial officer

pursuant to this rule or D.C.COLO.LCivR 42.1, the clerk shall adjust the
computerized drawing program to maintain the equal assignment of cases
among active district judges.

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D.C.COLO.LCivR 40.2
TRIAL CALENDARS AND EXPEDITED CASE HANDLING
A. Calendar; Expedited Cases. Each judicial officer shall maintain an individual
trial calendar with due regard for the priorities and requirements of law. Selected
cases may be expedited by the judicial officer on his or her own motion, or on the
motion of any party.

B. Notice of Scheduling Conflict. Within three days of learning of a scheduling

conflict among different courts within the District of Colorado, or between the
United States District Court for the District of Colorado and any other federal or
state court, counsel or a pro se party shall file a written notice with the court.

C. Notice of Settlement or Resolution. Whenever the parties have agreed to

settle or otherwise resolve a pending matter, they shall immediately notify the
court in writing. The court may provide a deadline for the filing of settlement
papers or a stipulation for dismissal.

D.C.COLO.LCivR 41.1
DISMISSAL
A judicial officer may issue an order to show cause why a case should not be
dismissed for lack of prosecution or for failure to comply with these rules, the Federal
Rules of Civil Procedure, or any court order. If good cause is not shown within the time
set in the show cause order, a district judge or a magistrate judge exercising consent
jurisdiction may enter an order of dismissal with or without prejudice.

D.C.COLO.LCivR 41.2
ADMINISTRATIVE CLOSURE

A district judge or a magistrate judge exercising consent jurisdiction may direct

the clerk to close a civil action administratively subject to reopening for good cause.

D.C.COLO.LCivR 42.1
MOTIONS TO CONSOLIDATE
A motion to consolidate shall be decided by the district judge to whom the oldest
numbered case involved in the proposed consolidation is assigned for trial. Rulings on
motions to consolidate shall be given priority. Cases consolidated shall be assigned for
all further purposes to the judicial officer to whom the lowest numbered consolidated
case previously was assigned for trial. A case not consolidated shall remain assigned
to the judicial officer before whom it was pending when the motion to consolidate was
filed.

D.C.COLO.LCivR 43.1
HEARING AND TRIAL PROCEDURES
Procedures pertaining to the hearing in or trial of a particular case will be
established by the judicial officer trying the case. The procedures shall be in
accordance with any written instructions of that judicial officer.

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D.C.COLO.LCivR 43.2
ACCOMMODATIONS
At least five days prior to a hearing or trial, counsel or a pro se party shall notify
the court of any necessary Americans with Disabilities Act accommodations.

D.C.COLO.LCivR 45.1
SUBPOENA SERVICE
Unless otherwise ordered by the court, a subpoena shall be served at least 48
hours before the time for appearance set in the subpoena. The 48 hours shall be
calculated in accordance with Fed. R. Civ. P. 6(a)(2).

D.C.COLO.LCivR 47.1
COMMUNICATION WITH JURORS
No party or attorney shall communicate with, or cause another to communicate
with, a juror or prospective juror before, during, or after any trial without written authority
signed by the judicial officer to whom the case is assigned for trial.

VII. JUDGMENT

D.C.COLO.LCivR 54.1
TAXATION OF COSTS

Each judgment or final order shall indicate which party or parties are entitled to
costs. A bill of costs must be filed on the form provided by the court within 14 days after
entry of the judgment or final order. Costs will be taxed by the clerk. Prior to
appearance before the clerk, counsel or a pro se party seeking costs shall file a written
statement that a reasonable effort has been made, in a conference with the opposing
counsel or pro se party, to resolve disputes regarding costs. If costs are resolved, a
stipulation setting forth the amount of costs shall be filed with the court.

D.C.COLO.LCivR 54.2
JURY COST ASSESSMENT
Whenever any civil action scheduled for jury trial is settled or otherwise resolved
after noon on the last day before trial, jury costs may be assessed against any of the
parties and/or counsel. The last day before trial shall be calculated in accordance with
Fed. R. Civ. P. 6(a)(1). Likewise, when any civil action is settled during jury trial before
verdict, jury costs may be assessed against any of the parties and/or counsel.

D.C.COLO.LCivR 54.3
ATTORNEY FEES
A. Motion Supported by Affidavit. Unless otherwise ordered by the court, a
motion for attorney fees shall be supported by one or more affidavits.

20
B. Content of Motion. A motion shall include the following for each person for
whom fees are claimed:

1. a detailed description of the services rendered, the amount of time spent,

the hourly rate, and the total amount claimed; and

2. a summary of relevant qualifications and experience.

D.C.COLO.LCivR 56.1
SUMMARY JUDGMENT MOTIONS AND BRIEFS
A. Motion. A motion under Fed. R. Civ. P. 56 for summary judgment or partial
summary judgment shall include a statement of undisputed facts and be
supported by argument and a recitation of legal authority incorporated into the
motion in lieu of a separate opening brief. A response brief shall be filed within
21 days after the date of service of the motion, or such other time as the court
may order. A reply brief may be filed within 14 days of the date of service of the
opposing brief, or such other time as the court may order.

B. Cross Motion. A cross motion for summary judgment shall not be included in a
response brief. A cross motion shall be made in a separate motion and be
subject to section A. of this rule.

C. Exhibits to Motion or Briefs. Voluminous exhibits are discouraged. Parties

shall limit exhibits to essential portions of documents. Unless otherwise ordered
by the court:

1. Copies of documents attached as exhibits to an opening brief shall not be

attached as exhibits to a response brief. A responding party shall refer to
the exhibits attached to the opening brief. If it is necessary for a
responding party to rely on additional exhibits, the additional exhibits shall
be attached to the response brief.

2. Copies of documents attached as exhibits to the opening brief or response

brief(s) shall not be attached as exhibits to a reply brief. If it is necessary
for the moving party to rely on additional exhibits, the additional exhibits
shall be attached to the reply brief and consecutively numbered or lettered
from the last exhibit attached to the opening brief.

VIII. PROVISIONAL AND FINAL REMEDIES

D.C.COLO.LCivR 65.1
TEMPORARY RESTRAINING ORDERS
A. Motion. An application for temporary restraining order shall be made in a motion
separate from the complaint. A motion shall be accompanied by a certificate of
counsel or pro se party, or other proof satisfactory to the court, stating:

1. that actual notice of the time of filing the motion, and copies of all
pleadings and papers filed in the action to date or to be presented to the
court at the hearing, have been furnished to the adverse party; or

21
 2. the efforts made by the moving party to give such notice and furnish such
copies. The provisions of D.C.COLO.LCivR 7.1A. shall apply to any such
motion. Except in accordance with Fed. R. Civ. P. 65(b), the court will not
consider an ex parte motion for temporary restraining order.

B. Proposed Order. A proposed temporary restraining order shall be submitted

with a motion for temporary restraining order.

C. Information Sheet. A properly completed temporary restraining order

information sheet shall be given to the clerk at the time of filing of the motion for
temporary restraining order. See Appendix I.

D.C.COLO.LCivR 67.1
BONDS AND OTHER SURETIES
A. Personal Surety. An attorney in any case, or a party or spouse of a party in a
civil case, shall not be accepted as a personal surety on any bond filed in that
case.

B. Restriction. No person, corporation, partnership, or other association or entity

may act as his, her, or its own surety in a civil case.

C. Surety Company; Power of Attorney. Where the surety on a bond is a surety

company approved by the United States Department of the Treasury, a power of
attorney showing the authority of the agent signing the bond shall be on file with
the clerk.

D.C.COLO.LCivR 67.2
COURT REGISTRY INVESTMENT SYSTEM (CRIS)
The following shall govern deposits into the registry of the court in all civil actions:

A. Receipt of Funds

1. Unless a statute requires the deposit of funds without leave of court, no

money shall be sent to the court or its officers for deposit into the court’s
registry without a written court order. All proposed orders shall be
reviewed initially by the clerk before submission to the assigned judicial
officer.

2. The party making the deposit or transferring funds to the court’s registry
shall serve the written order permitting the deposit or transfer personally
on the Clerk of the Court, or on a deputy clerk specifically designated. It
shall be incumbent on the moving party to confirm that the appropriate
action has been accomplished by the clerk in accordance with the
provisions of the order. Failure of any party to comply with this rule will
release the Clerk of the Court from any liability for the loss of earned
interest on the funds.

B. Investment of Registry Funds

22
 1. All funds (except funds obtained through garnishments) deposited into the
registry of the court will be placed in a form of interest bearing account.
Unless otherwise ordered by the court, the Court Registry Investment
System (CRIS) shall be the authorized investment mechanism.

2. Under CRIS, monies deposited in each case under section A.1. of this rule
will be pooled together with those on deposit with the United States
Department of the Treasury to the credit of other courts in the CRIS and
used to purchase treasury securities. The securities will be held at the
Federal Reserve Bank of Dallas in a safekeeping account in the name and
to the credit of the Clerk, United States District Court for the District of
Colorado, hereby designated custodian for the CRIS.

3. An account for each case will be established in the CRIS titled in the name
of the case giving rise to the investment in the system. Income received
from fund investments will be distributed to each case based on the ratio
each account’s principal and income has to the aggregate principal and
income total in the fund. Weekly reports showing the income earned and
the principal amounts contributed in each case will be prepared and
distributed to each court participating in the CRIS and made available,
upon request, to parties and/or their counsel.

C. Registry Fee

1. Pursuant to the provisions of the miscellaneous fee schedule established

by the Judicial Conference of the United States and as set forth in 28
U.S.C. § 1914, the clerk will assess and deduct registry fees according to
the formula promulgated by the Director of the Administrative Office of the
United States Courts.

2. No additional fee shall be assessed with respect to investments for which

a fee has already been deducted prior to the establishment of the CRIS in
this district.

D.C.COLO.LCivR 67.3
DISBURSEMENTS OF DEPOSITS

A court order to disburse funds must include the payee’s full name, complete
address, and amount to be disbursed to that payee. If at least $10.00 of interest is to be
disbursed to the payee, the counsel or pro se party must provide to the Clerk, Attention:
Financial Deputy, a separate memorandum stating the payee’s social security or
taxpayer identification number. The movant shall serve a copy of the order personally
on the Clerk of the Court, or on a deputy clerk specifically designated. Failure of any
party to comply with this rule will release the Clerk from any liability for loss.

23
 IX. SPECIAL PROCEEDINGS
D.C.COLO.LCivR 72.1
GENERAL AUTHORITY AND DUTIES OF MAGISTRATE JUDGES
A. General Authority. Except as restricted by these rules, magistrate judges may
exercise all powers and duties authorized by federal statutes, regulations, and
the Federal Rules of Civil Procedure.

B. Duties. Each magistrate judge may:

1. issue administrative inspection warrants;

2. issue civil seizure warrants pursuant to 21 U.S.C. § 881 and 18 U.S.C. §

981-983.

3. issue search and seizure warrants for levy pursuant to the Internal
Revenue Code;

4. act on postjudgment matters arising under Fed. R. Civ. P. 69, including:

a. issue writs;

b. issue orders directing funds to be paid into or disbursed from the

registry of the court;

c. hold hearings and make recommendations to the district judge on

substantive issues including the liability of a party under a writ of
garnishment or execution;

d. perform duties set forth in chapter 176 of Title 28 United States

Code, as assigned by the court pursuant to the Federal Debt
Collection Procedures Act, 28 U.S.C. § 3008;

5. make determinations and enter appropriate orders pursuant to 28 U.S.C. §

1915 with respect to any suit, action, or proceedings in which a request is
made to proceed in forma pauperis;

6. perform duties set forth in D.C.COLO.LCivR 8.1 and 8.2;

7. make determinations and enter appropriate orders on discovery disputes

in cases pending in other federal courts or courts of another country;

8. exercise contempt authority as authorized by law; and

9. issue administrative subpoenas as authorized by law.

C. Other Duties. On reference by a district judge, a magistrate judge may:

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 1. conduct pretrial conferences, settlement conferences, and other
nondispositive pretrial proceedings;

2. handle petitions to perpetuate testimony pursuant to Fed. R. Civ. P. 27;

and

3. hold hearings and make recommendations to the district judge on

dispositive matters.

D.C.COLO.LCivR 72.2
CONSENT JURISDICTION OF MAGISTRATE JUDGES
A. Designation. Pursuant to 28 U.S.C. § 636(c)(1) and subject to the provisions of
this rule, all full-time magistrate judges in the District of Colorado are specially
designated to conduct any or all proceedings in any jury or nonjury civil matter
and order the entry of judgment in the case. This rule, implementing 28 U.S.C. §
636(c) consent jurisdiction in the District of Colorado, does not affect
assignments to magistrate judges under other court rules and orders of
reference.

B. Prohibition. No judicial officer, court official, or court employee may attempt to

influence the granting or withholding of consent to the reference of any civil
matter to a magistrate judge under this rule. The form of notice of right to
consent to disposition by a magistrate judge shall make reference to the
prohibition and shall identify the rights being waived.

C. Notice. On the filing of any civil case, the clerk shall deliver to the plaintiff(s)
written notice of the right of the parties to consent to disposition of the case by a
magistrate judge pursuant to 28 U.S.C. § 636(c) and the provisions of this rule.
The written notice shall be in such form as the district judges shall direct. The
clerk shall also provide copies of such notice to be attached to the summons and
thereafter served upon the defendant(s) in the manner provided by Fed. R. Civ.
P. 4. A failure to serve a copy of such notice upon any defendant shall not affect
the validity of the service of process or personal jurisdiction over the
defendant(s).
D. Unanimous Consent; Determination. To consent to the jurisdiction of a
magistrate judge under 28 U.S.C. § 636(c), all parties shall complete and file a
Consent to the Exercise of Jurisdiction by a United States Magistrate Judge form
(see Appendix M). Written consent to proceed before a magistrate judge must be
filed no later than ten days after the discovery cut-off date. In cases not requiring
discovery, the parties shall have 40 days from the filing of the last responsive
pleading to file their unanimous consent. When there is such consent, the
magistrate judge shall forthwith notify the assigned district judge, who will then
determine whether to enter an order of reference pursuant to 28 U.S.C. § 636(c).

E. Reassignment. On entry of an order of reference pursuant to 28 U.S.C. §

636(c), the civil action will be reassigned to a magistrate judge by random draw,
excluding the magistrate judge previously assigned.

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F. Additional Parties. Any party added to the action or served after reference to a
magistrate judge under this rule shall be notified by the clerk of the right to
consent to the exercise of jurisdiction by the magistrate judge pursuant to 28
U.S.C. § 636(c). If any added party does not file a consent to proceed before a
magistrate judge within 20 days from the date of mailing of the notice, the action
shall be returned to the assigned district judge for further proceedings.

G. Vacating Reference. The district judge, for good cause shown on the district
judge’s own initiative or under extraordinary circumstances shown by a party,
may vacate a reference of a civil matter to a magistrate judge under this rule.

H. Appeal. On entry of a judgment in any civil action on consent of the parties

under 28 U.S.C. § 636(c) authority, an appeal shall be directly to the United
States Court of Appeals for the Tenth Circuit in the same manner as an appeal
from any other judgment of this court.

D.C.COLO.LCivR 72.3
REFERENCE OF DISPOSITIVE MOTIONS TO MAGISTRATE JUDGES
A. Designation. Pursuant to 28 U.S.C. § 636(c)(1) and subject to the provisions of
this rule, all full-time magistrate judges in the District of Colorado are specifically
designated to make final determination of dispositive motions that have been
pending for more than six months. Dispositive motions include motions to
dismiss, motions for transfer or for change of venue, motions to remand, motions
for summary judgment, and motions for partial summary judgment.

B. Unanimous Consent; Determination. After a dispositive motion has been

pending for more than six months, if all parties consent to the final determination
of the dispositive motion by a magistrate judge, the parties shall file an
appropriate notice. On receipt of such notice, the district judge shall determine
whether to enter an order pursuant to 28 U.S.C. § 636(c).

C. Prohibition. No judicial officer, court official, or court employee may attempt to

influence the granting or withholding of consent to the reference of a dispositive
motion to a magistrate judge under this rule.
D. Reference. On entry of an order of reference of a dispositive motion pursuant to
28 U.S.C. § 636(c), the motion shall be referred to a magistrate judge by random
draw, excluding the magistrate judge previously assigned.

E. Vacating Reference. A district judge, for good cause shown on the district
judge’s own initiative or under extraordinary circumstances shown by a party,
may vacate a reference of a dispositive motion to a magistrate judge under this
rule.

F. Appeal. In the event that a magistrate judge grants a dispositive motion and
directs the entry of final judgment, an appeal shall be directly to the United States
Court of Appeals for the Tenth Circuit in the same manner as an appeal from any
other judgment of this court.

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 X. DISTRICT COURT AND CLERK

D.C.COLO.LCivR 77.1
TIME AND PLACE OF FILING
If filed electronically, all pleadings, motions, briefs, and other papers shall be filed
not later than 11:59:59 p.m. (Mountain Time) on the day required, unless otherwise
directed by a judicial officer. If filed otherwise, such pleadings, motions, briefs, and
other papers shall be filed during the business hours of the office of the clerk from 8:00
a.m. to 5:00 p.m. (Mountain Time) Monday through Friday.

D.C.COLO.LCivR 77.2
EX PARTE COMMUNICATION WITH JUDICIAL OFFICERS
In the absence of previous authorization, no attorney or party to any proceeding
shall send letters, pleadings, or other papers or copies directly to a judicial officer.
Unless otherwise instructed, all matters to be called to a judicial officer’s attention shall
be submitted through the clerk, with copies served on all other parties or their attorneys.
No attorney or party shall contact orally a judicial officer regarding any case by
telephone, in person, or through any other means, unless all other parties in the matter,
or their attorneys, are present or on the telephone.

D.C.COLO.LCivR 79.1
CUSTODY OF FILES AND EXHIBITS

Pleadings, other papers, and exhibits in court files shall not be removed from the
clerk’s office or the court’s custody except by written court order.

D.C.COLO.LCivR 79.2
INSPECTION OF EVIDENCE

Photographic negatives, tape recordings, contraband including drugs and

narcotics, firearms, currency, negotiable instruments, computer disks or tapes, and
other items designated by a judicial officer, while in the clerk’s custody, shall not be
available for inspection by any person except while in the presence of and under the
control of the clerk. The clerk may limit or preclude access and copying in order to
preserve such evidence.

XI. GENERAL PROVISIONS

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D.C.COLO.LCivR 81.1
PROCEDURE FOR REMOVAL

A. A notice of removal shall comply with 28 U.S.C. § 1446(a).

B. Within 14 days of the filing of the notice of removal, the removing party shall file a
current docket sheet (register of actions) and shall separately file each pending
motion, petition, and related response, reply, and brief.

C. If a hearing in the state court has been set before a case is removed, counsel or
the pro se party removing the case shall notify the state judge forthwith of the
removal and shall notify the federal judge to whom the case is assigned of the
nature, time, and place of the state court setting.

D.C.COLO.LCivR 83.1
CAMERAS AND RECORDING DEVICES

A. Unless authorized by the court for the purposes of providing security or

performing official duties, the possession or use of a) cameras or b) audio, video,
or photographic recording devices, regardless of the technology used, by a
person other than a judicial officer or a court employee performing official duties,
in the United States Courthouse or in any location in which court business and
proceedings are conducted is prohibited.

B. The proscription in section A. that prohibits the possession of audio, video, or

photographic recording devices does not apply to 1) members of the bar of the
court who register under section C.; or 2) jurors. However, members of the bar of
the court and jurors shall not use the audio, video, or photographic recording
function of any such device in their possession.

C. Any bar member seeking an exemption under section B. permitting the

possession, but not the use, of any such recording device shall register with the
clerk of the court on a form approved by the court and shall be issued an
identification card in a form approved by the court, authorizing the bar member to
enter the courthouse with the recording device on presentation of the
identification card.

D.C.COLO.LCivR 83.2
SECURITY

A. Procedures. All persons entering a building where court is being held shall be
subject to security procedures provided for that building.

All briefcases, purses, parcels, bags, backpacks, and other items shall be passed
through X-ray scanners and shall be subject to search. This rule shall apply at
such other places as a judicial officer may direct.

Failure to obey this rule shall be grounds for refusing admission to the buildings
where court is being held, and may subject the offender to detention, arrest, and
prosecution as provided by law, or to a contempt proceeding.

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B. Identification or Information. On request of a United States marshal, court
security officer, federal protective service officer, or court official, anyone within
or seeking entry to any court facility shall produce identification and state the
nature of his or her business at court. Failure to provide identification or
information shall be grounds for removal or exclusion from the facility.

C. Purpose. This rule and these procedures are necessary in the interest of public
safety and to maintain orderly court procedures.

D.C.COLO.LCivR 83.3
THE BAR OF THE COURT
A. Applicant Information. An applicant for admission to the bar of this court must
be a person licensed by the highest court of a state, federal territory, or the
District of Columbia, be on active status in a state, federal territory or the District
of Columbia, and be a member of the bar in good standing in all courts and
jurisdictions where he or she has been admitted. Each applicant for admission
shall complete an approved form provided by the clerk. Each applicant shall pay
to the clerk the fee prescribed by the court.

B. Entry of Appearance. An attorney’s entry of appearance by signing a pleading,

motion, or other paper does not constitute entry of appearance by that attorney’s
firm.

C. Consent to Jurisdiction; Familiarity With Local Rules. An attorney who

applies for admission to the bar of this court:

1. consents to this court’s exercise of disciplinary jurisdiction over any

alleged misconduct, and

2. certifies familiarity with the local rules of this court.

D. Withdrawal of Appearance. An attorney who has appeared in a case may seek

to withdraw on motion showing good cause. Withdrawal shall be effective only
on court order entered after service of the notice of withdrawal on all counsel of
record and on the withdrawing attorney’s client. A motion to withdraw must state
the reasons for withdrawal unless the statement would violate the rules of
professional conduct. Notice to the attorney’s client must include the warning
that the client personally is responsible for complying with all court orders and
time limitations established by any applicable rules. Where the withdrawing
attorney’s client is a corporation, partnership, or other legal entity, the notice shall
state that such entity cannot appear without counsel admitted to practice before
this court, and absent prompt appearance of substitute counsel,
pleadings, motions, and other papers may be stricken, and default judgment or
other sanctions may be imposed against the entity.

E. Member in Good Standing. An attorney admitted to the bar of this court must
remain in good standing in all courts where admitted. “In good standing” means
not subject to suspension or disbarment by any court for any reason. An
attorney who is not in good standing shall not practice before the bar of this court
or continue to be an attorney of record in any pending case. On notice to this
court of lack of good standing from the suspending or disbarring jurisdiction, or
otherwise, the clerk of this court shall make a notation in the court record of such
lack of good standing.

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 1. Self-Reporting Requirements. Whenever a member of the bar of this
court has been suspended or disbarred for any reason by any court,
including when the suspension is stayed, the attorney shall, within 10 days
of the date the disciplinary order enters, give written notice to the clerk of
this court of the terms of discipline, the name and address of the court
imposing the discipline, and the effective date of that court’s action.

2. Separate Violation. Failure to self-report or to cease practicing before

the bar of this court as required by this rule are themselves separate
causes for disciplinary action, except that failure to self-report
administrative suspensions for failure to pay an annual registration fee or
to comply with mandatory continuing legal education requirements shall
not be cause for further disciplinary action by this court.

3. Reinstatement or Readmission. Reinstatement following administrative

suspension for failure to pay an annual fee or to comply with mandatory
continuing legal education requirements shall be automatic upon receipt
by this court of written proof of reinstatement by the original suspending
jurisdiction. Application for reinstatement or readmission following
suspension or disbarment from practice as a member of the bar of this
court for any other reason shall be made in accordance with the terms of
D.C.COLO.LCivR 83.5I.

F. Relief From Rule of Good Standing. It is presumed that discipline by another

court against a member of this court’s bar is appropriate. In order to obtain relief,
the attorney so disciplined has the burden to establish, by clear and convincing
evidence, that:

1. the procedure resulting in discipline by the court was so lacking in notice

or opportunity to be heard as to deny due process,

2. the application of D.C.COLO.LCivR 83.3E. would result in grave injustice,

or

3. the kind of misconduct established has been held by this court to warrant
substantially less severe discipline. Applications under this section shall
be filed with or referred to the Committee on Conduct, which shall proceed
in accordance with the provisions of D.C.COLO.LCivR 83.5D.

D.C.COLO.LCivR 83.4
STANDARDS OF PROFESSIONAL RESPONSIBILITY
Except as otherwise provided by Administrative Order, the Colorado Rules of
Professional Conduct adopted by the Colorado Supreme Court on April 12, 2007, and
effective January 1, 2008, are adopted as standards of professional responsibility
applicable in this court (Appendix O).

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D.C.COLO.LCivR 83.5
ATTORNEY DISCIPLINE
A. Disciplinary Panel. The Chief Judge shall appoint a panel of three district
judges to constitute the Disciplinary Panel (the “Panel”). The Panel shall have
jurisdiction over all judicial proceedings involving disbarment, suspension,
censure, or other lawyer discipline. The Chief Judge at any time may designate
additional judges to serve as alternates on the Panel.

B. Committee on Conduct. The court has established a standing Committee on

Conduct (the “Committee”) consisting of 12 members of this court’s bar, each
appointed for three years and until his or her successor is appointed. Any
member appointed to fill a vacancy shall serve the unexpired term of his or her
predecessor. Where a member holds over after expiration of the term for which
appointed, the time of additional service shall be deemed part of the successor
member’s term. The court shall designate a chairperson of the Committee and a
vice-chairperson who shall act during the chairperson’s absence or disability.
Members of the Committee shall serve without compensation, but, insofar as
possible, their necessary expenses shall be paid by the clerk from the fund in
which admission and annual registration fees paid by members of the bar are
deposited. No member of the Committee shall serve more than two consecutive
terms.

C. Duties of the Committee. The Committee shall receive, investigate, consider,

and act upon complaints against members of the bar, applications for
reinstatement or readmission, allegations that a member of this court’s bar is
incapable of practicing law due to physical or mental disability or substance
abuse, and other similar matters concerning attorneys. The Committee
chairperson shall appoint one or more members to present and prosecute
charges and to prepare and present orders and judgments as directed by the
Panel. The Committee is authorized and directed to report its findings
concerning any disciplinary action to the grievance committee of any other bar or
court of which the attorney in question may be a member. Additionally, the
Committee is authorized to reveal such information to any other court-authorized
grievance body as the Committee deems appropriate and consistent with the
objectives of this rule. The Committee also may perform any additional duties
implied by these rules or assigned by order of the Panel. All requests for
investigation submitted to the court or Committee and all complaints filed with the
Committee shall be privileged, and no lawsuit may be predicated thereon.
Persons performing official duties under this rule, including but not limited to
members of the Committee, staff, and members of the bar or others working
under the Committee’s direction, shall be immune from suit for all acts and
omissions occurring in the course of their official duties. All proceedings of the
Committee shall be confidential.

D. Complaints. Any complaint against a member of this court’s bar for any conduct
which may justify any disciplinary action (not limited to suspension or disbarment)
shall be filed in writing under oath, except that complaints filed by a judicial officer
of this court need not be under oath. Complaints shall be filed with or referred to
the Committee. The Committee shall admonish all persons concerned with any
complaint, investigation, or inquiry that absolute confidentiality must be
maintained and that violation of this rule will be deemed contempt of this court.

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E. Investigation of Complaints. When a complaint is received, it shall be referred
by the chairperson of the Committee to a Subcommittee consisting of three
Committee members designated by the chairperson who shall appoint one of
them as Subcommittee chairperson. The chairperson or vice-chairperson of the
Committee may be designated as a member of a Subcommittee.

1. Service of Complaint and Answer. The Subcommittee shall investigate

complaints referred to it by the chairperson of the Committee. A copy of
the complaint shall be served on the member of the bar against whom the
complaint has been made (the “respondent”) by certified mail, return
receipt requested, addressed to his or her most current address on file
with the clerk. No answer shall be required unless specifically requested
of the respondent by the Subcommittee investigating the complaint. If an
answer is requested by the Subcommittee, the respondent shall file an
answer under oath with the Subcommittee within 20 days of the date of
the request or such later date as agreed upon by a majority of the
Subcommittee.

2. Hearings, Witnesses, and Documents. A Subcommittee may hold

hearings upon reasonable notice to the complainant and respondent. The
chairperson of the Subcommittee conducting the inquiry shall serve as a
master with authority to order issuance of subpoenas commanding the
presence of witnesses and/or production of designated books, papers,
documents, or other tangibles at the times and places stated in the
subpoena. The Subcommittee chairperson, as master, is authorized to
administer oaths. The name of any witness who fails or refuses to attend
or testify under oath may be certified to the Panel, which may initiate
contempt proceedings and impose appropriate punishment.

F. Resolution of the Complaint by the Committee on Conduct. On completion

of its investigation, the Subcommittee shall report its recommendations to the full
Committee. The Committee may, by a vote of a majority of the Committee in
attendance, instruct the Subcommittee in any one of the following ways:

1. Dismissal of the Complaint. If the Committee concludes that the

complaint is without merit or other grounds justify its dismissal (e.g., the
claims are best handled in a different forum), the Committee shall instruct
the Subcommittee to prepare a letter so advising the complainant and the
respondent, to be signed by the chairperson or vice-chairperson of the
Committee.

32
 2. Letter of Admonition. If the Committee concludes, based on the report
of the Subcommittee, that the misconduct or, in the case of alleged
disability or substance abuse, the cause for concern, is sufficiently
significant that the complaint should not be dismissed as without merit, but
it does not warrant submitting charges to the Panel, the Committee may
issue a letter of admonition to the respondent, with a copy to the
complainant. An attorney receiving a letter of admonition shall be advised
of the right to request in writing, within 20 days after receiving the letter,
that formal disciplinary proceedings be initiated to adjudicate the propriety
of the conduct upon which the admonition is based. On timely filing of
such a request, the letter of admonition shall be vacated and the
Subcommittee shall proceed to prepare charges in accordance with the
formal procedures provided in these rules.

3. Submission of Charges to the Court. The Committee may instruct the

Subcommittee to prepare charges and submit them to the Panel or, with
or without preparing charges, may refer the matter to Colorado Attorney
Regulation Counsel or another court-authorized grievance body. If
charges are prepared and submitted to the Panel, and thereafter the
Panel orders the charges filed, the clerk shall file them and forthwith issue
a summons commanding the respondent to answer. Except as
hereinafter provided, the summons and a copy of the charges shall be
served by a United States marshal. A respondent who cannot be served
in Colorado may be served by filing a copy of the summons and charges
with the clerk, who shall in turn send a copy of the summons and charges
by certified mail, return receipt requested, to the last office address the
respondent filed with the clerk. The respondent shall answer the charges
within 30 days from the date of service. Absent a timely answer, the
charges may be taken as confessed and hearing may be held ex parte at
a time set by the Panel.

G. Disciplinary Panel Hearings and Orders. A respondent against whom charges

have been filed shall be entitled to be represented by counsel, at his or her own
expense unless indigent. When the respondent has filed an answer, an
evidentiary hearing shall be scheduled by the Panel. The Panel may ask the
chairperson of the Committee to appoint one or more members of the Committee
to offer evidence, examine and cross-examine witnesses, and otherwise
represent the Committee in prosecuting the charges. If the charges are
sustained by clear and convincing evidence, the Panel may censure, suspend,
disbar, or otherwise discipline the respondent. A respondent who is suspended
or disbarred shall be enjoined from practicing law before this court and the
judgment shall so recite. Any violation of the judgment shall be deemed a
contempt of court.

H. Rule Not to Deprive Court of Inherent Powers. Nothing herein stated shall be
deemed to negate or diminish this court’s inherent disciplinary powers.

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I. Application for Reinstatement or Readmission.

1. General Procedure. An attorney who has been suspended or disbarred

may apply for reinstatement or readmission at the end of the disciplinary
period. Each applicant for readmission or reinstatement shall complete an
approved form provided by the clerk. Reinstatement or readmission is
neither automatic nor a matter of right. Every application for reinstatement
or readmission shall be investigated by one or more members of the
Committee appointed by the Committee’s chairperson. Following
investigation, the Committee shall prepare a recommendation on the
application. The recommendation and supporting documents shall be
submitted to the Panel for decision. Reinstatement or readmission may
be subject to conditions such as monitoring, reporting, testing, and
education.

2. Relationship to D.C.COLO.LCivR 83.3E. and D.C.COLO.LCrR 57.5E.

Suspension or disbarment of an attorney by any court may result in
suspension or disbarment in a court other than the original disciplining
court. An attorney applying for reinstatement or readmission to this court
following reinstatement or readmission by the original disciplining court
who remains suspended or disbarred in a court other than the original
disciplining court or this court is subject to D.C.COLO.LCivR 83.3E. and
D.C.COLO.LCrR 57.5E. requiring attorneys to be in good standing in all
courts where admitted in order to be or remain admitted to the bar of this
court. An attorney suspended or disbarred automatically in a court other
than the original disciplining court or this court as a result of suspension or
disbarment by the original disciplining court may petition this court for
relief from the rule of good standing pursuant to D.C.COLO.LCivR 83.3F.
or D.C.COLO.LCrR 57.5F., stating appropriate grounds for such relief.

J. Effect of Conviction or Resignation from Another Bar While Under

Investigation, and Duty to Report Pendency of Criminal Offenses.

1. Attorney Subject to a Criminal Conviction. Any member of this court’s

bar who is convicted of a crime punishable by a term of imprisonment of
more than one year, shall, within 10 days of the conviction, give written
notice to the clerk of this court of the conviction including the terms of the
conviction, the court entering the conviction and the date of conviction.
On notice to the court by the attorney or otherwise, the convicted attorney
shall be suspended from practicing law in this court. On the conviction
becoming final with no further right of appeal, the Panel shall disbar the
attorney from practicing as a member of the bar of this court. For
purposes of this rule, “conviction” shall include any ultimate finding of fact
in a criminal proceedings that the individual is guilty of a crime punishable
by a term of imprisonment of more than one year, whether the judgment
rests on a verdict of guilty, a plea of guilty, or a plea of nolo contendere,
and irrespective of whether the entry of judgment or imposition of
sentence is suspended or deferred by the court.

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 2. Attorney Under Investigation Resigning from Bar of Another Court.
Any member of this court’s bar who resigns from the bar of any other
federal or state court while an investigation into allegations of misconduct
is pending shall, within 10 days of resigning, give written notice of such
resignation to the clerk of this court. On receipt of notice of resignation
from the attorney or otherwise, the Panel shall disbar the attorney from
practicing as a member of the bar of this court.

3. Duty of Attorney to Notify Court of Pendency of Criminal Charges.

Any member of this court’s bar who is charged in any court with a criminal
offense that may subject the attorney to discipline in this court shall so
notify the clerk in writing within 10 days after the charge is filed.

K. Mental or Physical Incompetence or Disability, or Substance Abuse.

1. Declaration of Mental Incompetence. On receiving proof that a member

of this court’s bar judicially has been declared incompetent or involuntarily
committed to a mental hospital, the Panel may order that the attorney be
suspended from practicing law immediately and indefinitely until further
order. A copy of the order shall be served upon the attorney, his or her
guardian, and the director of the mental hospital.

2. Role of the Committee on Conduct. In matters involving an allegation

that a member of this court’s bar is incapable of practicing law because of
mental or physical disability or substance abuse, the Subcommittee
assigned by the Chair of the Committee may take or direct whatever
action it deems appropriate to determine whether the attorney is disabled
or is adversely affected by substance abuse, including examination by
such experts the Subcommittee shall designate. The cost of such
examination shall be borne by the court. Failure or refusal to submit to
examination shall result in certification of the name of the attorney to the
Panel, which may initiate contempt proceedings and impose appropriate
punishment. Any attorney who submits to examination may obtain a
second opinion from expert(s) of his or her choice at his or her sole
expense and may submit the results of such additional examination(s) to
the Committee for consideration along with all other evidence. If the
Committee determines that the attorney is incapable of practicing law, the
Committee shall petition the Panel for an order of suspension. As an
alternative to examination an attorney may elect to go on disability inactive
status, and the Committee shall advise the attorney of this option prior to
ordering examination. Any attorney who makes such an election shall be
required to apply for reinstatement pursuant to D.C.COLO.LCivR 83.5I.
and 83.5K.5. before practicing again in this court.

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3. Role of the Disciplinary Panel. On petition by the Committee suggesting
that a member of this court’s bar is incapable of practicing law because of
mental or physical disability or substance abuse, the Panel may take or
direct whatever action it deems appropriate to determine whether the
attorney is disabled, including examination by medical experts who the
Panel shall designate if no such examination had been ordered previously
by the Committee or if the Panel desires further examination. The cost of
such examination shall be borne by the court. Failure or refusal to submit
to examination shall be prima facie evidence of disability. Any attorney
who submits to examination may obtain a second opinion from expert(s) of
his or her choice at his or her sole expense and may submit the results of
such additional examination(s) to the Panel for consideration along with all
other evidence. If the Panel concludes from the evidence that the attorney
is incapable of practicing law competently, it shall order him or her
suspended until further order. Prior to ordering suspension the Panel
may, in its sole discretion, offer the attorney an opportunity to go on
disability inactive status voluntarily. The Panel may provide respondent
notice of the proceedings and may appoint an attorney to represent a
respondent who is without representation. Any attorney who elects
disability inactive status or is suspended because of mental or physical
disability or substance abuse must apply for reinstatement pursuant to
D.C.COLO.LCivR 83.5I. and 83.5K.5. before practicing again in this court.

4. Claim of Disability During Disciplinary Proceedings. If during a

disciplinary proceeding the respondent attorney asserts a disability by
reason of mental or physical illness or substance abuse, rendering
adequate defense impossible, the Panel shall order the respondent
suspended from practicing law until there can be a determination pursuant
to D.C.COLO.LCivR 83.5K.2. and 3. of his or her capacity to practice law.

5. Attorney Placed on Disability Inactive Status by Other Courts. A

member of this court’s bar who is placed on disability inactive status by
any state or federal court is prohibited from practicing before this court
during such status. Reinstatement upon termination of disability inactive
status shall be in accordance with D.C.COLO.LCivR 83.5K.5. through K.9.

6. Reinstatement After Disability Inactive Status or Suspension

Because of Disability.

a. An attorney who has elected to go on disability inactive status or

who has been suspended for mental or physical disability or
substance abuse may apply to the Panel for reinstatement not
more than once a year, or more frequently if the Panel so directs.
The application shall be granted upon a showing by clear and
convincing evidence that the attorney no longer is disabled and is fit
to practice law. The Panel, or the Committee if the Panel chooses
to delegate initial consideration of the application for reinstatement
to the Committee pursuant to D.C.COLO.LCivR 83.5I., may take or
direct such action as it deems appropriate to determine whether the
attorney’s disability has been remedied, including examination by
such medical experts as the Panel or Committee may designate.
The Panel or Committee may direct that any examination expenses
be paid by the attorney.

36
 b. An attorney suspended because of a judicial declaration of
incompetence or involuntary commitment to a mental hospital, who
thereafter judicially is declared competent, may apply for
reinstatement upon proper proof of the latter declaration, and
reinstatement may be subject to such conditions as the Panel may
require.

7. Evidentiary Hearing. If the Panel holds an evidentiary hearing to

determine whether an attorney is disabled or to consider an application for
reinstatement, the chairperson of the Committee shall appoint one or more
members to offer evidence, examine and cross-examine witnesses, and
otherwise represent the Committee.

8. Waiver of Physician/Patient Privilege. Filing an application for

reinstatement constitutes waiver of any physician-patient privilege with
respect to any related treatment of the attorney. The attorney shall
disclose the name and address of every psychiatrist, psychologist,
physician, hospital, or other health-care provider that has examined or
treated him or her since three (3) years prior to his or her suspension and
shall furnish the Panel or the Committee written consent to obtain from
these sources information and records requested by the Panel or the
Committee or its designated medical experts.

9. Orders Transferring. Orders transferring attorneys to or from disability

inactive status are matters of public record.

L. Complaint against Sitting Member of the Committee on Conduct. If a

complaint is lodged against a sitting member of the Committee, in lieu of
investigation by any other sitting member of the Committee the court shall
appoint a Special Subcommittee consisting of three members of the bar of the
court who in the past have served on the Committee but not as co-members with
the member against whom the complaint is lodged, or such other members of the
bar of the court as the court may choose. The court shall designate one of the
three as chair of the Special Subcommittee. The Special Subcommittee shall
follow the procedures set out in 83.5E., F., and G., with the exception that the
Special Subcommittee shall work directly with the Panel rather than the full
Committee.

M. Costs.

1. Disciplinary Proceedings. In all cases where discipline is imposed by

the Disciplinary Panel, it may assess against the respondent all or part of
the costs incurred in connection with the disciplinary proceedings.

2. Reinstatement and Readmission Proceedings. An attorney who

petitions for reinstatement from a suspension or readmission after
disbarment shall bear the cost of such proceedings.

3. Disability Proceedings. The Disciplinary Panel may order an attorney to

bear the cost of all or any part of the disability proceedings, including the
cost of any examinations ordered.

37
D.C.COLO.LCivR 84.1
BANKRUPTCY MATTERS
A. Automatic Referral. All cases under Title 11, United States Code, and all
proceedings arising under Title 11 or arising in or related to cases under Title 11,
shall be automatically referred to the bankruptcy judges of this district pursuant to
28 U.S.C. § 157 without further order. All papers in those cases shall be filed
directly in the bankruptcy court, and the bankruptcy judges of this district shall
exercise the jurisdiction of this court in bankruptcy matters as provided in 28
U.S.C. § 157(b).

B. Personal Injury or Wrongful Death Claims. Any claim arising in or related to a

case under Title 11 involving claims of personal injury or wrongful death shall be
tried in the district court of the district in which the bankruptcy case is pending, or
in the district court of the district in which the claim arose, as may be determined
by the district judge assigned pursuant to D.C.COLO.LCivR 40.1.

C. Withdrawal of Reference. The automatic referral to bankruptcy judges provided

in section A. of this rule may be withdrawn by a district judge.

1. Motion. A motion for withdrawal of reference shall be filed with the clerk
of the bankruptcy court in accordance with Bankruptcy Rule 5011 and
Local Bankruptcy Rule 511.

2. Response. Within 10 days after being served with a copy of a motion for
withdrawal of reference, a party may file with the clerk of the bankruptcy
court and serve on affected parties an objection to the motion and a
designation of any additional portions of the record necessary for the
district court’s determination of the motion.

3. Supplementation of Record. The record may be supplemented by

additional portions of the record as determined by the bankruptcy judge.

4. Order of Referral to District Court. The bankruptcy judge shall enter an

order directing the clerk of the bankruptcy court to refer the motion and/or
matter to the district court.

5. Assignment. The clerk of the district court shall assign the matter to a
district court judge pursuant to D.C.COLO.LCivR 40.1.

38
D. Proceeding Under 28 U.S.C. § 157(c)(1). When a bankruptcy judge hears a
proceeding under 28 U.S.C. § 157(c)(1) that is not a “core proceeding” as
defined by 28 U.S.C. § 157(b)(2), the bankruptcy judge shall submit the
proposed findings of fact and conclusions of law to the district judge assigned
pursuant to D.C.COLO.LCivR 40.1. Copies of those recommendations shall be
mailed by the bankruptcy judge to all parties, who shall have 10 days after the
date of mailing of the recommendations (or such further time not to exceed 30
days as the bankruptcy judge may order) to file written objections. Objections
lacking specificity as to factual findings or legal conclusions the objecting party
claims to have been erroneously made and objections not timely filed may be
summarily overruled. If no objection is filed, or if the parties consent in writing,
the recommendations of the bankruptcy judge may be accepted by the district
judge, and appropriate orders may be entered without further notice. Procedure
for determining objections shall be as set forth in 28 U.S.C. § 157(c)(1).

E. Filings. The clerk of the bankruptcy court shall take in all pleadings in
bankruptcy cases and related proceedings. Bankruptcy papers shall be filed with
the bankruptcy court in accordance with the Federal Rules of Bankruptcy
Procedure and Local Bankruptcy Rules for the District of Colorado. Any
bankruptcy papers filed with the clerk of the district court shall be transferred to
the bankruptcy court.

F. Post-judgment Matters. The bankruptcy judges shall exercise jurisdiction over

all post-judgment execution matters arising from a judgment or order entered by
bankruptcy judges.

39
 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CRIMINAL RULES

I. SCOPE, PURPOSE, AND CONSTRUCTION

D.C.COLO.LCrR 1.1
SCOPE OF THE LOCAL RULES
A. Title and Citation. These rules shall be known as the Local Rules of Practice of
the United States District Court for the District of Colorado-Criminal. These rules
shall be cited as, D.C.COLO.LCrR Rule, Section, Subsection, and Paragraph
(e.g., D.C.COLO.LCrR 57.1B.23.a.).

B. Effective Date. These rules became effective on April 15, 2002 and are updated
effective Dec. 1, 2010.

C. Scope. These rules apply in all criminal actions filed in the United States District
Court for the District of Colorado.

D. Relationship to Prior Rules. Except as otherwise provided in

D.C.COLO.LCrR 57.6, concerning standards of professional responsibility
governing conduct of attorneys, these rules supersede all previous local rules.

E. Numbering and Indexing. These rules are numbered and indexed in

accordance with the Judicial Conference Uniform Numbering System.

F. Judicial Officer. A judicial officer refers to a district judge or to a magistrate

judge.

G. Clerk. Reference in these rules to the clerk refers to the Clerk of the Court or a
deputy clerk, unless otherwise specified.

H. Appendices. Appendices are subject to modification without notice.

II. PRELIMINARY PROCEEDINGS

[No local rules]

40
 III. INDICTMENT AND INFORMATION

D.C.COLO.LCrR 6.1
GRAND JURY
Grand jury supervision shall be assigned equally among the active district judges.
No indictment shall be sealed without the written order of a judicial officer. Unless
otherwise ordered by the court, the indictment shall be unsealed upon the first
defendant’s arrest or initial appearance.

D.C.COLO.LCrR 7.1
INFORMATION SHEET
A properly completed information sheet shall be given to the clerk at the
commencement of a criminal action.

IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

D.C.COLO.LCrR 11.1
PLEAS
A. Written Notice. Unless otherwise ordered, notice of disposition shall be filed no
later that 14 days before the date set for the trial.

B. Pleas Before District Judge. A plea of guilty or nolo contendere in a felony

case shall be made before the district judge assigned to the case.

C. Plea Agreement. A plea agreement shall be presented in writing in accordance

with the form entitled “Plea Agreement” (see Appendix J) and signed by the
attorney for the government, defendant’s counsel, and the defendant.

The written stipulation of facts relevant to sentencing from the plea agreement
shall be included in the presentence investigation report required by Fed. R.
Crim. P. 32(b)(1). The attorney for the government shall deliver a copy of the
plea agreement to the chambers of the assigned judicial officer and the Probation
Office no later than 48 hours prior to the change of plea hearing. The 48 hours
shall be calculated in accordance with Fed. R. Crim. P. 45(a).

D. Statement by Defendant in Advance of Plea of Guilty. A statement by

defendant in advance of plea of guilty shall be presented in writing in accordance
with the form entitled “Statement by Defendant in Advance of Plea of Guilty” (see
Appendix K), and signed by the defendant and defendant’s counsel.

Defendant’s counsel, or a pro se defendant, shall deliver the statement by

defendant in advance of plea of guilty to the courtroom deputy in the courtroom
before the change of plea hearing.

E. Translation of Change of Plea Documents. If a defendant requires an

interpreter for a change of plea hearing:

41
 1. defense counsel shall contact the deputy clerk designated as courtroom
services specialist two weeks before the hearing to obtain the assistance
of a designated interpreter in translating the plea agreement and the
statement by defendant in advance of plea of guilty;

2. defense counsel shall coordinate with the designated interpreter to ensure

that the plea agreement and the statement by defendant in advance of
plea of guilty are translated, in writing, into the language of the defendant,
furnished to defendant, and signed by defendant in advance of the
hearing; and

3. a certificate that the written translation is a complete and correct

interpretation shall be attached by the designated interpreter to the written
translation of both the plea agreement and statement by defendant in
advance of plea of guilty.

F. Documents Tendered to Courtroom Deputy. No later than the

commencement of the change of plea hearing, the following documents shall be
tendered to the courtroom deputy:

1. the original and a copy of both the plea agreement and statement in
advance of plea of guilty; and

2. if applicable, the original and a copy of the written translation of both the
plea agreement and statement in advance of plea of guilty.

D.C.COLO.LCrR 12.1
MOTIONS TO JOIN MOTIONS PROHIBITED
A. No party may file a motion to join a motion filed by another party.

B. The government and each defendant shall file its, his, or her own motions. Each
motion shall request specific relief and include a title that identifies the relief
requested. In a motion, the party may indicate that the party approves, adopts, or
may incorporate by reference any or all of the reasons stated, arguments
advanced, and/or authorities cited by a party in another motion. The party shall
identify the related motion of another party by providing the following information:

1. the name of the other party;

2. the precise title of the motion filed by the other party;

3. the document number assigned to the other motion by the court’s CM/ECF
docketing system; and

4. the date the other motion was filed.

D.C. COLO.LCrR 12.4

DISCLOSURE STATEMENT
A. Who Must File.

42
 1. Defendant. Any nongovernmental party or other legal entity to a
proceeding in a district court must file a statement identifying all its parent
entities and listing any publicly held entity that owns ten percent or more of
the party’s stock.

2. Organization Victim. If an organization is a victim of the alleged criminal

activity, the government must file a statement identifying the victim. If the
organizational victim is a corporation, the statement must also disclose the
information required by section A.1. of this rule.

B. Time for Filing; Supplemental Filing.

1. A party must file the disclosure statement upon its first appearance,
pleading, petition, motion, response, or other request addressed to the
court.

2. A party must promptly file a supplemental statement upon any change in

the information that the statement requires.

D.C.COLO.LCrR 17.1.1
PRETRIAL CONFERENCE
A magistrate judge shall conduct a discovery conference at the time of or within
ten days after the arraignment and direct counsel to obtain a motion date and trial date
from the district judge assigned to the case.

D.C.COLO.LCrR 17.2
SEALING OF EX PARTE MOTIONS AND ORDERS IN CRIMINAL
JUSTICE ACT CASES

Unless otherwise directed by the court, the clerk will seal at the time of filing all
ex parte motions and orders in Criminal Justice Act (CJA) cases for issuance of trial
subpoenas, appointment of experts, authorization of travel, and other extraordinary
expenses. Copies of such signed orders will be served by the clerk on the moving party
only. Unless otherwise ordered, the clerk will retain such motions and orders under seal
until the judgment is final.

V. VENUE
[No local rules]

VI. TRIAL
D.C.COLO.LCrR 24.1
COMMUNICATION WITH JURORS
No party or attorney shall communicate with, or cause another to communicate
with, a juror or prospective juror before, during, or after any trial without written authority
signed by the judicial officer to whom the case is assigned for trial.

43
 VII. JUDGMENT
D.C.COLO.LCrR 26.1
HEARING AND TRIAL PROCEDURES
Procedures pertaining to the hearing in or trial of a particular case will be
established by the judicial officer trying the case. The procedures shall be in
accordance with any written instructions of that judicial officer.

D.C.COLO.LCrR 26.2
ACCOMMODATIONS
At least five days prior to a hearing or trial, counsel or a pro se party shall notify
the court of any necessary Americans with Disabilities Act accommodations.

D.C.COLO.LCrR 32.1
DEADLINE AND SERVICE FOR OBJECTIONS, MOTIONS AND
STATEMENTS TO ASSIST WITH SENTENCING
Fed. R. Crim. P. 32(f)(1) affords parties in a criminal case 14 days after receipt of
a presentence report to state in writing any objections to the report. No less than 14
days before sentencing, the parties may file motions for a departure or a variance from
the applicable sentencing guideline range. Such motions shall be served on the
probation officer by the requesting party.

VIII. APPEAL
[No local rules]

IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS

[No local rules]

X. GENERAL PROVISIONS

D.C.COLO.LCrR 44.1
APPEARANCES
A. Appearances. An attorney appearing for a defendant in a criminal case shall file
promptly an entry of appearance. Only pro se parties and members of the bar of
this court as defined in D.C.COLO.LCrR 57.5, may appear or sign pleadings,
motions, or other papers, or participate in a court hearing or deposition.

44
B. Signatures and Signature Pages. Facsimile signatures on documents filed with
the court shall have the same legal effect as original signatures on documents
filed with the court. If a facsimile signature page with the facsimile signature of a
member of this court’s bar is attached to a pleading, motion, or other paper filed
with the court, the member of this court’s bar shall maintain the original signature
page. At the direction of a judicial officer, the member of this court’s bar may be
required to file the original signature page.

D.C.COLO.LCrR 46.1
DEPOSITS
A. Investment in Interest-Bearing Accounts

1. No deposit into an interest-bearing account shall be permitted without

court order.

2. The party obtaining an order to place funds in an interest-bearing account

shall serve the written order permitting the investment personally on the
Clerk of the Court, or on a deputy clerk specifically designated. It shall be
incumbent on the moving party to confirm that the appropriate action has
been accomplished by the clerk in accordance with the provisions of the
order. Failure of any party to comply with this rule will release the Clerk of
the Court from any liability for the loss of earned interest on the funds.

3. Unless otherwise ordered by the court, the Court Registry Investment

System (CRIS) shall be the authorized investment mechanism.

4. Under CRIS, monies deposited in each case under section A.1. of this rule
will be pooled together with those on deposit with the United States
Department of the Treasury to the credit of other courts in the CRIS and
used to purchase treasury securities. The securities will be held at the
Federal Reserve Bank of Dallas in a safekeeping account in the name and
to the credit of the Clerk, United States District Court for the District of
Colorado, hereby designated custodian for the CRIS.

5. An account for each case will be established in the CRIS titled in the name
of the case giving rise to the investment in the system. Income received
from fund investments will be distributed to each case based on the ratio
each account’s principal and income has to the aggregate principal and
income total in the fund. Weekly reports showing the income earned and
the principal amounts contributed in each case will be prepared and
distributed to each court participating in the CRIS and made available,
upon request, to parties and/or their counsel.

B. Registry Fee

1. Pursuant to the provisions of the miscellaneous fee schedule established

by the Judicial Conference of the United States and as set forth in 28
U.S.C. § 1914, the clerk will assess and deduct registry fees according to
the formula promulgated by the Director of the Administrative Office of the
United States Courts.

45
 2. No additional fee shall be assessed with respect to investments for which
a fee already has been deducted prior to the establishment of the CRIS in
this district.

D.C.COLO.LCrR 46.2
DISBURSEMENTS OF DEPOSITS
A. To Whom Disbursed. No cash or other funds on deposit with the court shall be
refunded or returned to anyone other than the person or entity named on the
receipt. When appropriate, the clerk may require a certified copy of valid letters
of administration, or a notarized power of attorney, from the person or
association named in the receipt unless exempted by order of a judicial officer.

B. Disbursements. Disbursements from an interest-bearing account shall be

obtained only by court order.

C. Interest-Bearing Account. If funds are being disbursed from an interest-

bearing account, a court order to disburse funds must include the payee’s full
name, complete address, and amount to be disbursed to that payee. If at least
$10.00 of interest is to be disbursed to the payee, the counsel or pro se party
must provide to the Clerk, Attention: Financial Deputy, a separate memorandum
stating the payee’s social security or taxpayer identification number. The movant
shall serve a copy of the order personally on the Clerk of the Court, or on a
deputy clerk specifically designated. Failure of any party to comply with this rule
will release the Clerk of the Court from any liability for loss.

D.C.COLO.LCrR 47.1
MOTIONS TO SEAL;
MOTIONS TO CLOSE COURT PROCEEDINGS
A. Scope. The court has a constitutional obligation to determine whether sealing a
paper filed in a case or closing all or a portion of a court proceeding is warranted.
On motion and an appropriate showing set forth in a sealed brief to a motion to
seal, a judicial officer may order:

1. that a paper filed in a case shall be sealed; or

2. that all or a portion of a court proceeding shall be closed to the public.

B. Motion Open to Public Inspection. In a motion to seal a movant will identify

the paper to be sealed or the proceeding to be closed to the public. The motion
will be filed as a public document, except as provided in D.C.COLO.LCrR 17.2 or
otherwise ordered.

C. Justification for Sealing. The factual basis showing the reasons to seal a
paper or to close a proceeding will be set forth in a brief in support of the motion,
which shall be filed separately under seal by electronic or other means. Such
brief will remain sealed until the motion is determined.

D. Manner of Filing.

46
 1. Electronic Means. A paper filed electronically under seal shall conform
with the court’s “Electronic Case Filing Procedures for the District of
Colorado (Criminal Cases),” Section VI.

2. Other Means. Any other paper filed under seal must be placed unfolded
in a sealed envelope with a cover page affixed to the outside of the
envelope. The cover page affixed to the outside of the sealed envelope
must include:

a. the case caption;

b. the title of the paper;

c. the name, address, and telephone number of the attorney or pro se

party filing the paper;

d. a notation that the paper is filed under seal;

e. the title and date of the court order pursuant to which the paper is
sealed, if applicable; or

f. the citation of the statute or other authority pursuant to which the

paper is sealed, if applicable.

E. Public Notice; Objections. On the business day after the filing of a motion to
seal or motion to close court proceedings, a public notice will be posted in the
clerk’s office and on the court’s web site. The public notice will advise of such
motion and state that any person or entity may file objections to the motion on or
before the date set forth in such public notice. The date will be not less than
three days after the public notice is posted. The three day time period shall
exclude weekends and legal holidays.

F. Order. No order to seal or close court proceedings will be entered before the
date set forth in the public notice for filing objections, except in emergency
circumstances stated in the motion and at the discretion of the judicial officer.

G. Exemptions. The following documents are exempt from this rule:

1. unexecuted arrest warrants and supporting documents;

2. unexecuted search warrants and supporting documents;

3. unexecuted criminal and civil forfeiture seizure warrants and supporting

documents;

4. Unexecuted ex parte bond revocation orders and supporting documents;

5. Title III and clone pager orders and supporting documents;

6. pen register and trap/trace orders and supporting documents;

47
 7. orders and supporting documents regarding access to electronic
communications;

8. ex parte applications and orders for tax or bank account information; and

9. petitions for revocation of probation or supervised release, for which an

arrest warrant is sought, until the warrant is executed.

H. Effect of Denial of Motion to Seal. A paper filed under seal shall be deemed
part of the public record if a motion to seal is denied, unless ordered by the court
or otherwise provided in D.C.COLO.LCrR 17.2.

D.C.COLO.LCrR 47.2 [Reserved]

D.C.COLO.LCrR 49.1
SERVICE AND FILING OF PLEADINGS AND PAPERS
A. Facsimile Filing. A pleading or paper which is no longer than ten pages,
including all attachments, may be filed with the clerk by means of facsimile at a
telephone number that may be obtained from the court’s web site or clerk’s
office. On receipt of a facsimile filing, the clerk will make the copies required
under D.C.COLO.LCrR 49.3L. Facsimiles received by the clerk after 5:00 p.m.
(Mountain Time) will be considered filed as of the next business day. Unless
otherwise ordered by the court, a paper filed by facsimile shall be treated as an
original for all court purposes.

B. Facsimile Cover Sheet. A pleading or paper filed with the clerk by facsimile
must be accompanied by a facsimile cover sheet (see Appendix D) which
includes the following:

1. the date of transmission;

2. the name, facsimile number, and telephone number of the attorney or pro
se party making the transmission;

3. the case number, caption, and title of the pleading or paper;

4. the number of pages of the pleading or paper being transmitted including

the facsimile cover sheet; and

5. the name of the magistrate judge, if the case has been referred to a
magistrate judge.

C. Confirmation of Facsimile Filing. Confirmation that the clerk received a

facsimile filing may be made by:

1. reviewing the docket entries, or

2. transmitting an additional copy of the first page of the pleading or paper

and requesting on the facsimile cover sheet that the first page of the
pleading or paper be file stamped by the clerk and returned to the attorney
or pro se defendant via facsimile.

48
D. Original Pleading or Paper. If a facsimile copy is filed in lieu of the original
pleading or paper, the attorney or pro se defendant shall maintain the original
document. At the direction of a judicial officer, the transmitting party may be
required to file the original document accompanied by a letter noting that the
original document is being filed after transmission by facsimile.

E. Signatures. Signatures on pleadings or papers filed by facsimile shall have the

same legal effect as original signatures on pleadings actually filed with the court.

F. Certificate of Service. Each paper, other than one filed ex parte, shall be
accompanied by a certificate of service indicating the date it was served, the
name and address of the person to whom it was sent, and the manner of service.
Where service is by electronic means, the electronic mail address or facsimile
number used shall be listed.

D.C.COLO.LCrR 49.2
SERVICE BY OTHER MEANS, INCLUDING ELECTRONIC MEANS
A. Electronic Case Filing Registration. Registration with the court’s Electronic
Case Filing system shall constitute consent to electronic service of all documents
in accordance with the Federal Rules of Criminal Procedure.

B. Form and Content of Consent. A party’s consent to accept service by other

means, as authorized by Fed. R. Crim. P. 49(b), shall be expressly stated and
filed in writing with the clerk. The consent shall include:

1. the persons to whom service should be made; and

2. the appropriate address or location for such service, as authorized by Fed.

R. Crim. P. 49(b).

C. Duration of Consent. A party’s consent shall remain effective for all service
authorized by Fed. R. Crim. P. 49(b) until expressly revoked or until the
representation of a party changes through entry, withdrawal, or substitution of
counsel.

D. Notice of Change of Electronic-Mail Address or Facsimile Number. Within

five days after any change of electronic-mail address or facsimile number of any
attorney or pro se party that has consented to service by other means, including
electronic means, notice of the new electronic-mail address or facsimile number
shall be filed.

D.C.COLO.LCrR 49.3
FORMAT AND COPIES OF PAPERS PRESENTED FOR FILING
A. Definition. The term "papers" includes pleadings, motions, briefs, or other filings
made pursuant to the Federal Rules of Criminal Procedure or these rules.

B. Size. All documents filed with the court shall be on 8½- by 11-inch, white paper.
Use of recycled paper is acceptable.

49
C. Margins. Margins shall be 1½ inches at the top and 1 inch at the left, right, and
bottom.

D. Font. Except in pro se cases or for good cause shown, all papers shall be
typewritten using black ink and not less than 12-point font.

E. Spacing. All papers shall be double-spaced.

F. Text. Text shall be printed on one side of the page only.

G. Legible. All papers and signatures shall be legible.

H. Exhibits. Exhibits, other than documentary evidence in a different format, shall

conform to this rule.

I. First Page; Case Number. The title of every paper shall reflect accurately its
nature and the identity of the party on whose behalf it is filed. All papers filed in
pending cases after commencement of the case shall bear the proper case
number, including in sequence the case year, the notation of the case type, the
chronological case number, the initials of the district judge assigned, or the
initials of the magistrate judge assigned:

1. criminal case types shall be designated “cr” (for example 05-cr-00123-

WYD);

2. criminal miscellaneous filings of papers case types shall be designated “y”

(for example 05-y-00123-WYD);

3. magistrate judge case types shall be designated “mj” (for example 05-mj-
00123-MJW);

4. petty offense case types shall be designated “po” (for example 05-po-
00123-MJW);

5. search warrant case types shall be designated “sw” (for example 05-sw-
00123-MJW).

When the case is commenced, the clerk will select and designate the case type
and the assigned district judge or the assigned magistrate judge. The parties will
thereafter use that designation as the case number. For the initials of the judicial
officers, see Appendix N.

J. Caption. The caption format shall be as set forth in Appendix L. Defendants

shall be listed in a caption by consecutive numbers with one defendant per line.
The proper name of a party shall be in capital letters, and any identifying text
shall be in upper and lower case immediately following the proper name. For
example:

50
 UNITED STATES OF AMERICA,

Plaintiff,
v.

1. XOXOXO,
2. XOXOXO, a/k/a XOXOXO and XOXOXO, and
3. XOXOXO, INC., a Colorado corporation,

Defendants.

K. Signature Block. The name, current mailing address, and telephone number of
any attorney of record or pro se defendant filing a paper shall be typed in a
signature block at the end of the paper. A post office box number will be
accepted as a mailing address, but a street address also must be provided. An
electronic-mail address is required unless the filer is allowed to file in paper
format pursuant to exceptions enumerated in the Electronic Case Filing
Procedures of the District of Colorado (Criminal Cases). A facsimile number is
optional. A paper shall be legibly signed in the signature block by the attorney of
record or pro se defendant filing the paper.

L. Original Papers. Except for papers filed by facsimile pursuant to

D.C.COLO.LCrR 49.1A. and filings made electronically pursuant to
D.C.COLO.LCrR 49.4A., an original paper shall be filed with the court.

M. Notice of Change of Address, E-mail Address, or Telephone Number.

Within five days after any change of address, e-mail address (including any
change of e-mail address to be used in the account maintenance link in ECF), or
telephone number of any attorney or pro se party, notice of the new address, e-
mail address, or telephone number shall be filed.

D.C.COLO.LCrR 49.4
ELECTRONIC CASE FILING
A. Electronic Filing. Pursuant to Fed. R. Crim. P. 49, the court will permit papers
to be filed, signed, and verified by electronic means. Parties filing by electronic
means shall comply with standards and procedures set forth in a manual entitled
“Electronic Case Filing Procedures for the District of Colorado (Criminal Cases).”
The current version of that manual shall be available in the clerk’s office and shall
be posted on the court’s web site.

B. Paper Filings. Parties authorized or directed to file in paper format, pursuant to

exceptions enumerated in the Electronic Case Filing Procedures for the District
of Colorado (Criminal Cases), shall continue to file in accordance with all
provisions of the local rules.

C. Time. Nothing in the Electronic Case Filing Procedures for the District of
Colorado (Criminal Cases) alters the rules governing the computation of
deadlines for filing and service of documents that are set forth at Fed. R. Crim. P.
45.

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D. Service. Pursuant to Fed. R. Crim. P. 49, parties are authorized to make service
through the court’s transmission facilities.

D.C.COLO.LCrR 50.1
ASSIGNMENT OF CASES
A. Assignment in General. Except as provided in this rule, criminal cases shall be
assigned to judicial officers by random draw. Work parity shall be maintained
among active district judges, provided that a majority of active district judges may
adjust the assignment of cases to the Chief Judge as may be necessary for the
performance of the duties of that office, and may, for good cause, approve
special assignment or reassignment of cases among the judicial officers of the
court. All other transfers of cases from one judicial officer to another shall be
subject to the Chief Judge’s approval.

B. Random Draw by Computer. The clerk shall maintain a computerized program

to assure random and public assignment of new cases on an equal basis among
the judicial officers. A senior judge may decline assignment of cases and, on
written notice to the Chief Judge, limit participation in the random draw by a
stated percentage.

C. Special Assignments.

1. On filing a new criminal case, the United States Attorney shall notify the
clerk in writing when that defendant is involved in a pending civil forfeiture
proceeding. The criminal case shall be assigned to the judicial officer to
whom the civil case was assigned.

2. On filing a new criminal case, including new cases filed pursuant to 18

U.S.C. § 3605, Transfer of Jurisdiction Over a Probationer, and criminal
cases transferred to the court pursuant to Fed. R. Crim. P. 20, the United
States Attorney shall notify the clerk in writing when that defendant is
currently serving, or has served, a sentence of probation or supervised
release. The new criminal case shall be assigned to the district judge
presiding in the case in which the previous sentence of probation or
supervised release was imposed. In the event the defendant has had
multiple cases before this court, the new case shall be reassigned to the
judge who handled the oldest case.
D. Recusal. Recusal of a judicial officer shall be only by written order setting forth
the reasons.

E. Adjustments. On recusal or special assignment of a case to a judge pursuant to

this rule, the clerk shall adjust the computerized drawing program to maintain the
equal assignment of cases among active district judges.

D.C.COLO.LCrR 55.1
CUSTODY OF FILES AND EXHIBITS

Pleadings, other papers, and exhibits in court files shall not be removed from the
clerk’s office or the court’s custody except by written court order.

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D.C.COLO.LCrR 55.2
INSPECTION OF EVIDENCE

Photographic negatives, tape recordings, contraband including drugs and

narcotics, firearms, currency, negotiable instruments, computer disks or tapes, and
other items designated by a judicial officer, while in the clerk’s custody, shall not be
available for inspection by any person except while in the presence of and under the
control of the clerk. The clerk may limit or preclude access and copying in order to
preserve such evidence.

D.C.COLO.LCrR 56.1
TIME AND PLACE OF FILING

If filed electronically, all pleadings, motions, briefs, and other papers shall be filed
not later than 11:59:59 p.m. (Mountain Time) on the day required, unless otherwise
directed by a judicial officer. If filed otherwise, such pleadings, motions, briefs, and
other papers shall be filed during the business hours of the office of the clerk from 8:00
a.m. to 5:00 p.m. (Mountain Time) Monday through Friday.

D.C.COLO.LCrR 57.1
GENERAL AUTHORITY AND DUTIES OF MAGISTRATE JUDGES
A. General Authority. Except as restricted by these rules, magistrate judges may
exercise all powers and duties authorized by federal statutes, regulations, and
the Federal Rules of Criminal Procedure.

B. Duties. Each magistrate judge may:

1. issue orders authorizing the installation and use of a pen register or a trap
and trace device pursuant to 18 U.S.C. §§ 3122-23, and issue related
orders directing the furnishing of information, facilities, and technical
assistance necessary to accomplish the installation of the pen register or
trap and trace device;

2. issue search warrants, including warrants based upon oral or telephonic

testimony;

3. accept criminal complaints and issue arrest warrants or summonses;

4. accept waivers of indictment pursuant to Fed. R. Crim. P. 7(b);

5. receive the return of indictments by the grand jury and issue arrest
warrants or summonses when necessary for the defendants named in the
indictments;

6. enter orders sealing and unsealing indictments;

7. conduct preliminary proceedings incident to transfer cases pursuant to

Fed. R. Crim. P. 20;

8. exercise powers and duties necessary for extraditing fugitives pursuant to

18 U.S.C. §§ 3181-96;

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 9. conduct hearings and issue orders under the Bail Reform Act of 1984.;

10. enter an order to forfeit bail when a defendant breaches his or her bail
conditions by failing to appear in proceedings scheduled before the
magistrate judge;

11. set bail for material witnesses;

12. schedule and conduct arraignments on indictments and informations by

taking and entering not guilty pleas and making findings regarding time
limits required by the Speedy Trial Act;

13. direct the United States Marshal to arrange for payment of basic
transportation and subsistence expenses for defendants financially unable
to bear the costs of travel to required court appearances;

14. issue subpoenas and writs of habeas corpus ad testificandum or other

orders necessary to obtain the presence of parties, witnesses, or evidence
necessary for court proceedings;

15. try petty offense or misdemeanor cases in accordance with the law;

16. conduct a jury trial in any petty offense or misdemeanor case as

authorized by law;

17. direct the probation office to conduct a presentence investigation in any

misdemeanor case;

18. perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109,
regarding proceedings for verification of consent by offenders to transfer
to or from the United States and the appointment of counsel therein;

19. appoint counsel for persons subject to revocation of probation, parole, or

supervised release (in which case preference shall be given to previously
appointed counsel if such attorney still is available and willing to serve); for
persons in custody as a material witness; persons seeking relief under 28
U.S.C. §§ 2241, 2254, or 2255 or 18 U.S.C. § 4245; or for any person for
whom the Sixth Amendment to the Constitution requires the appointment
of counsel or for whom, in a case in which the person faces loss of liberty,
any federal law requires the appointment of counsel;

20. conduct preliminary hearings for the purpose of determining whether there
is probable cause to hold a probationer or a person on supervised release
for a revocation hearing;

21. exercise contempt authority as authorized by law;

22. preside over petty offense and misdemeanor cases that involve juvenile
defendants as authorized by law;

23. act on post judgment matters;

a. to issue writs;

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 b. to issue orders directing funds to be paid into or disbursed from the
registry of the court;

c. to hold hearings and make recommendations to the district judge

on substantive issues including the liability of a party under a writ of
garnishment or execution, and

d. to perform duties set forth in chapter 176 of Title 28 United States

Code, as assigned by the court pursuant to the Federal Debt
Collection Procedures Act, 28 U.S.C. § 3008.

D.C.COLO.LCrR 57.2
EX PARTE COMMUNICATION WITH JUDICIAL OFFICERS

No attorney or party to any proceeding shall send letters, pleadings, or other

papers or copies directly to a judicial officer. Unless otherwise instructed, all matters to
be called to a judicial officer’s attention shall be submitted through the clerk with copies
served on all other parties or their attorneys. No attorney or party shall contact orally a
judicial officer regarding any case by telephone, in person, or through any other means,
unless all other parties in the matter, or their attorneys, are present or on the telephone.

D.C.COLO.LCrR 57.3
CAMERAS AND RECORDING DEVICES

A. Unless authorized by the court for the purposes of providing security or

performing official duties, the possession or use of a) cameras or b) audio, video,
or photographic recording devices, regardless of the technology used, by a
person other than a judicial officer or a court employee performing official duties,
in the United States Courthouse or in any location in which court business and
proceedings are conducted is prohibited.

B. The proscription in section A. that prohibits the possession of audio, video, or

photographic recording devices does not apply to 1) members of the bar of the
court who register under section C.; or 2) jurors. However, members of the bar of
the court and jurors shall not use the audio, video, or photographic recording
function of any such device in their possession.

C. Any bar member seeking an exemption under section B. permitting the

possession, but not the use, of any such recording device shall register with the
clerk of the court on a form approved by the court and shall be issued an
identification card in a form approved by the court, authorizing the bar member to
enter the courthouse with the recording device on presentation of the
identification card.

D.C.COLO.LCrR 57.4
SECURITY
A. Procedures. All persons entering a building where court is being held shall be
subject to security procedures provided for that building.

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 All briefcases, purses, parcels, bags, backpacks, and other items shall be passed
through X-ray scanners and shall be subject to search. This rule shall apply at
such other places as a judicial officer may direct.

Failure to obey this rule shall be grounds for refusing admission to the buildings
where court is being held and may subject the offender to detention, arrest, and
prosecution as provided by law, or to a contempt proceeding.

B. Identification or Information. On request of a United States marshal, court

security officer, federal protective service officer, or court official, anyone within
or seeking entry to any court facility shall produce identification and state the
nature of his or her business at court. Failure to provide identification or
information shall be grounds for removal or exclusion from the facility.

C. Purpose. This rule and these procedures are necessary in the interest of public
safety and to maintain orderly court procedures.

D.C.COLO.LCrR 57.5
THE BAR OF THE COURT
A. Applicant Information. An applicant for admission to the bar of this court must
be a person licensed by the highest court of a state, federal territory, or the
District of Columbia, be on active status in a state, federal territory or the District
of Columbia, and be a member of the bar in good standing in all courts and
jurisdictions where he or she has been admitted. Each applicant for admission
shall complete an approved form provided by the clerk. Each applicant shall pay
to the clerk the fee prescribed by the court.

B. Entry of Appearance. An attorney’s entry of appearance by signing a pleading,

motion, or other paper does not constitute entry of appearance by that attorney’s
firm.

C. Consent to Jurisdiction; Familiarity With Local Rules. An attorney who

applies for admission to the bar of this court:

1. consents to this court’s exercise of disciplinary jurisdiction over any

alleged misconduct, and

2. certifies familiarity with the local rules of this court.

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D. Withdrawal of Appearance. An attorney who has appeared in a case may seek
to withdraw on motion showing good cause. Withdrawal shall be effective only
on court order entered after service of the notice of withdrawal on all counsel of
record and on the withdrawing attorney’s client. A motion to withdraw must state
the reasons for withdrawal unless the statement would violate the rules of
professional conduct. Notice to the attorney’s client must include the warning
that the client personally is responsible for complying with all court orders and
time limitations established by any applicable rules. Where the withdrawing
attorney’s client is a corporation, partnership, or other legal entity, the notice shall
state that such entity cannot appear without counsel admitted to practice before
this court, and absent prompt appearance of substitute counsel, pleadings,
motions, and other papers may be stricken, and default judgment or other
sanctions may be imposed against the entity.

E. Member in Good Standing. An attorney admitted to the bar of this court must
remain in good standing in all courts where admitted. “In good standing” means
not subject to suspension or disbarment by any court for any reason. An
attorney who is not in good standing shall not practice before the bar of this court
or continue to be an attorney of record in any pending case. On notice to this
court of lack of good standing from the suspending or disbarring jurisdiction, or
otherwise, the clerk of this court shall make a notation in the court record of such
lack of good standing.

1. Self-Reporting Requirements. Whenever a member of the bar of this

court has been suspended or disbarred for any reason by any court,
including when the suspension is stayed, the attorney shall, within ten
days of the date the disciplinary order enters, give written notice to the
clerk of this court of the terms of discipline, the name and address of the
court imposing the discipline, and the effective date of that court’s action.

2. Separate Violation. Failure to self-report or to cease practicing before

the bar of this court as required by this rule are themselves separate
causes for disciplinary action, except that failure to self-report
administrative suspensions for failure to pay an annual registration fee or
to comply with mandatory continuing legal education requirements shall
not be cause for further disciplinary action by this court.

3. Reinstatement or Readmission. Reinstatement following administrative

suspension for failure to pay an annual fee or to comply with mandatory
continuing legal education requirements shall be automatic upon receipt
by this court of written proof of reinstatement by the original suspending
jurisdiction. Application for reinstatement or readmission following
suspension or disbarment from practice as a member of the bar of this
court for any other reason shall be made in accordance with the terms of
D.C.COLO.LCrR 57.7I.

F. Relief From Rule of Good Standing. It is presumed that discipline by another

court against a member of this court’s bar is appropriate. In order to obtain relief,
the attorney so disciplined has the burden to establish, by clear and convincing
evidence, that:

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 1. the procedure resulting in discipline by the court was so lacking in notice
or opportunity to be heard as to deny due process;

2. application of D.C.COLO.LCrR 57.5E. would result in grave injustice; or

3. the kind of misconduct established has been held by this court to warrant
substantially less severe discipline. Applications under this section shall
be filed with or referred to the Committee on Conduct, which shall proceed
in accordance with the provisions of D.C.COLO.LCrR 57.7D.

D.C.COLO.LCrR 57.6
STANDARDS OF PROFESSIONAL RESPONSIBILITY
Except as otherwise provided by Administrative Order, the Colorado Rules of
Professional Conduct adopted by the Colorado Supreme Court on April 12, 2007, and
effective January 1, 2008, are adopted as standards of professional responsibility
applicable in this court (Appendix O).

D.C.COLO.LCrR 57.7
ATTORNEY DISCIPLINE
A. Disciplinary Panel. The Chief Judge shall appoint a panel of three district
judges to constitute the Disciplinary Panel (the “Panel”). The Panel shall have
jurisdiction over all judicial proceedings involving disbarment, suspension,
censure, or other lawyer discipline. The Chief Judge at any time may designate
additional judges to serve as alternates on the Panel.

B. Committee on Conduct. The court has established a standing Committee on

Conduct (the “Committee”) consisting of 12 members of this court’s bar, each
appointed for three years and until his or her successor is appointed. Any
member appointed to fill a vacancy shall serve the unexpired term of his or her
predecessor. Where a member holds over after expiration of the term for which
appointed, the time of additional service shall be deemed part of the successor
member’s term. The court shall designate a chairperson of the Committee and a
vice-chairperson who shall act during the chairperson’s absence or disability.
Members of the Committee shall serve without compensation, but, insofar as
possible, their necessary expenses shall be paid by the clerk from the fund in
which admission and annual registration fees paid by members of the bar are
deposited. No member of the Committee shall serve more than two consecutive
terms.

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C. Duties of the Committee. The Committee shall receive, investigate, consider,
and act upon complaints against members of the bar, applications for
reinstatement or readmission, allegations that a member of this court’s bar is
incapable of practicing law due to physical or mental disability or substance
abuse, and other similar matters concerning attorneys. The Committee
chairperson shall appoint one or more members to present and prosecute
charges and to prepare and present orders and judgments as directed by the
Panel. The Committee is authorized and directed to report its findings
concerning any disciplinary action to the grievance committee of any other bar or
court of which the attorney in question may be a member. Additionally, the
Committee is authorized to reveal such information to any other court-authorized
grievance body as the Committee deems appropriate and consistent with the
objectives of this rule. The Committee also may perform any additional duties
implied by these rules or assigned by order of the Panel. All requests for
investigation submitted to the court or Committee and all complaints filed with the
Committee shall be privileged, and no lawsuit may be predicated thereon.
Persons performing official duties under this rule, including but not limited to
members of the Committee, staff, and members of the bar or others working
under the Committee’s direction, shall be immune from suit for all acts and
omissions occurring in the course of their official duties. All proceedings of the
Committee shall be confidential.

D. Complaints. Any complaint against a member of this court’s bar for any conduct
which may justify any disciplinary action (not limited to suspension or disbarment)
shall be filed in writing under oath, except that complaints filed by a judicial officer
of this court need not be under oath. Complaints shall be filed with or referred to
the Committee. The Committee shall admonish all persons concerned with any
complaint, investigation, or inquiry that absolute confidentiality must be
maintained and that violation of this rule will be deemed contempt of this court.

E. Investigation of Complaints. When a complaint is received, it shall be referred

by the chairperson of the Committee to a Subcommittee consisting of three
Committee members designated by the chairperson who shall appoint one of
them as Subcommittee chairperson. The chairperson or vice-chairperson of the
Committee may be designated as a member of a Subcommittee.

1. Service of Complaint and Answer. The Subcommittee shall investigate

complaints referred to it by the chairperson of the Committee. A copy of
the complaint shall be served on the member of the bar against whom the
complaint has been made (the “respondent”) by certified mail, return
receipt requested, addressed to his or her most current address on file
with the clerk. No answer shall be required unless specifically requested
of the respondent by the Subcommittee investigating the complaint. If an
answer is requested by the Subcommittee, the respondent shall file an
answer under oath with the Subcommittee within 20 days of the date of
the request or such later date as agreed upon by a majority of the
Subcommittee.

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 2. Hearings, Witnesses, and Documents. A Subcommittee may hold
hearings upon reasonable notice to the complainant and respondent. The
chairperson of the Subcommittee conducting the inquiry shall serve as a
master with authority to order issuance of subpoenas commanding the
presence of witnesses and/or production of designated books, papers,
documents, or other tangibles at the times and places stated in the
subpoena. The Subcommittee chairperson, as master, is authorized to
administer oaths. The name of any witness who fails or refuses to attend
or testify under oath may be certified to the Panel, which may initiate
contempt proceedings and impose appropriate punishment.

F. Resolution of the Complaint by the Committee on Conduct. On completion

of its investigation, the Subcommittee shall report its recommendations to the full
Committee. The Committee may, by a vote of a majority of the Committee in
attendance, instruct the Subcommittee in any one of the following ways:

1. Dismissal of the Complaint. If the Committee concludes that the

complaint is without merit or other grounds justify its dismissal (e.g., the
claims are best handled in a different forum), the Committee shall instruct
the Subcommittee to prepare a letter so advising the complainant and the
respondent, to be signed by the chairperson or vice-chairperson of the
Committee.

2. Letter of Admonition. If the Committee concludes, based on the report

of the Subcommittee, that the misconduct or, in the case of alleged
disability or substance abuse, the cause for concern, is sufficiently
significant that the complaint should not be dismissed as without merit, but
it does not warrant submitting charges to the Panel, the Committee may
issue a letter of admonition to the respondent, with a copy to the
complainant. An attorney receiving a letter of admonition shall be advised
of the right to request in writing, within 20 days after receiving the letter,
that formal disciplinary proceedings be initiated to adjudicate the propriety
of the conduct upon which the admonition is based. On timely filing of
such a request, the letter of admonition shall be vacated and the
Subcommittee shall proceed to prepare charges in accordance with the
formal procedures provided in these rules.

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 3. Submission of Charges to the Court. The Committee may instruct the
Subcommittee to prepare charges and submit them to the Panel or, with
or without preparing charges, may refer the matter to Colorado Attorney
Regulation Counsel or another court-authorized grievance body. If
charges are prepared and submitted to the Panel, and thereafter the
Panel orders the charges filed, the clerk shall file them and forthwith issue
a summons commanding the respondent to answer. Except as
hereinafter provided, the summons and a copy of the charges shall be
served by a United States marshal. A respondent who cannot be served
in Colorado may be served by filing a copy of the summons and charges
with the clerk, who shall in turn send a copy of the summons and charges
by certified mail, return receipt requested, to the last office address the
respondent filed with the clerk. The respondent shall answer the charges
within 30 days from the date of service. Absent a timely answer, the
charges may be taken as confessed and hearing may be held ex parte at
a time set by the Panel.

G. Disciplinary Panel Hearings and Orders. A respondent against whom charges

have been filed shall be entitled to be represented by counsel, at his or her own
expense unless indigent. When the respondent has filed an answer, an
evidentiary hearing shall be scheduled by the Panel. The Panel may ask the
chairperson of the Committee to appoint one or more members of the Committee
to offer evidence, examine and cross-examine witnesses, and otherwise
represent the Committee in prosecuting the charges. If the charges are
sustained by clear and convincing evidence, the Panel may censure, suspend,
disbar, or otherwise discipline the respondent. A respondent who is suspended
or disbarred shall be enjoined from practicing law before this court and the
judgment shall so recite. Any violation of the judgment shall be deemed a
contempt of court.

H. Rule Not to Deprive Court of Inherent Powers. Nothing herein stated shall be
deemed to negate or diminish this court’s inherent disciplinary powers.

I. Application for Reinstatement or Readmission.

1. General Procedure. An attorney who has been suspended or disbarred

may apply for reinstatement or readmission at the end of the disciplinary
period. Each applicant for readmission or reinstatement shall complete an
approved form provided by the clerk. Reinstatement or readmission is
neither automatic nor a matter of right. Every application for reinstatement
or readmission shall be investigated by one or more members of the
Committee appointed by the Committee’s chairperson. Following
investigation, the Committee shall prepare a recommendation on the
application. The recommendation and supporting documents shall be
submitted to the Panel for decision. Reinstatement or readmission may
be subject to conditions such as monitoring, reporting, testing, and
education.

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 2. Relationship to D.C.COLO.LCivR 83.3E. and D.C.COLO.LCrR 57.5E.
Suspension or disbarment of an attorney by any court may result in
suspension or disbarment in a court other than the original disciplining
court. An attorney applying for reinstatement or readmission to this court
following reinstatement or readmission by the original disciplining court
who remains suspended or disbarred in a court other than the original
disciplining court or this court is subject to D.C.COLO.LCivR 83.3E. and
D.C.COLO.LCrR 57.5E. requiring attorneys to be in good standing in all
courts where admitted in order to be or remain admitted to the bar of this
court. An attorney suspended or disbarred automatically in a court other
than the original disciplining court or this court as a result of suspension or
disbarment by the original disciplining court may petition this court for
relief from the rule of good standing pursuant to D.C.COLO.LCivR 83.3F.
or D.C.COLO.LCrR 57.5F., stating appropriate grounds for such relief.

J. Effect of Conviction or Resignation from Another Bar While Under

Investigation, and Duty to Report Pendency of Criminal Offenses.

1. Attorney Subject to a Criminal Conviction. Any member of this court’s

bar who is convicted of a crime punishable by a term of imprisonment of
more than one year, shall, within 10 days of the conviction, give written
notice to the clerk of this court of the conviction including the terms of the
conviction, the court entering the conviction and the date of conviction.
On notice to the court by the attorney or otherwise, the convicted attorney
shall be suspended from practicing law in this court. On the conviction
becoming final with no further right of appeal, the Panel shall disbar the
attorney from practicing as a member of the bar of this court. For
purposes of this rule, “conviction” shall include any ultimate finding of fact
in a criminal proceedings that the individual is guilty of a crime punishable
by a term of imprisonment of more than one year, whether the judgment
rests on a verdict of guilty, a plea of guilty, or a plea of nolo contendere,
and irrespective of whether the entry of judgment or imposition of
sentence is suspended or deferred by the court.

2. Attorney Under Investigation Resigning from Bar of Another Court.

Any member of this court’s bar who resigns from the bar of any other
federal or state court while an investigation into allegations of misconduct
is pending shall, within 10 days of resigning, give written notice of such
resignation to the clerk of this court. On receipt of notice of resignation
from the attorney or otherwise, the Panel shall disbar the attorney from
practicing as a member of the bar of this court.

3. Duty of Attorney to Notify Court of Pendency of Criminal Charges.

Any member of this court’s bar who is charged in any court with a criminal
offense that may subject the attorney to discipline in this court shall so
notify the clerk in writing within 10 days after the charge is filed.

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K. Mental or Physical Incompetence or Disability, or Substance Abuse.

1. Declaration of Mental Incompetence. On receiving proof that a member

of this court’s bar judicially has been declared incompetent or involuntarily
committed to a mental hospital, the Panel may order that the attorney be
suspended from practicing law immediately and indefinitely until further
order. A copy of the order shall be served upon the attorney, his or her
guardian, and the director of the mental hospital.

2. Role of the Committee on Conduct. In matters involving an allegation

that a member of this court’s bar is incapable of practicing law because of
mental or physical disability or substance abuse, the Subcommittee
assigned by the Chair of the Committee may take or direct whatever
action it deems appropriate to determine whether the attorney is disabled
or is adversely affected by substance abuse, including examination by
such experts the Subcommittee shall designate. The cost of such
examination shall be borne by the court. Failure or refusal to submit to
examination shall result in certification of the name of the attorney to the
Panel, which may initiate contempt proceedings and impose appropriate
punishment. Any attorney who submits to examination may obtain a
second opinion from expert(s) of his or her choice at his or her sole
expense and may submit the results of such additional examination(s) to
the Committee for consideration along with all other evidence. If the
Committee determines that the attorney is incapable of practicing law, the
Committee shall petition the Panel for an order of suspension. As an
alternative to examination an attorney may elect to go on disability inactive
status, and the Committee shall advise the attorney of this option prior to
ordering examination. Any attorney who makes such an election shall be
required to apply for reinstatement pursuant to D.C.COLO.LCrR 57.7I. and
57.7K.5. before practicing again in this court.

3. Role of the Disciplinary Panel. On petition by the Committee suggesting

that a member of this court’s bar is incapable of practicing law because of
mental or physical disability or substance abuse, the Panel may take or
direct whatever action it deems appropriate to determine whether the
attorney is disabled, including examination by medical experts the Panel
shall designate if no such examination had been ordered previously by the
Committee or if the Panel desires further examination. The cost of such
examination shall be borne by the court. Failure or refusal to submit to
examination shall be prima facie evidence of disability. Any attorney who
submits to examination may obtain a second opinion from expert(s) of his
or her choice at his or her sole expense and may submit the results of
such additional examination(s) to the Panel for consideration along with all
other evidence. If the Panel concludes from the evidence that the attorney
is incapable of practicing law competently, it shall order him or her
suspended until further order. Prior to ordering suspension the Panel
may, in its sole discretion, offer the attorney an opportunity to go on
disability inactive status voluntarily. The Panel may provide respondent
notice of the proceedings and may appoint an attorney to represent a
respondent who is without representation. Any attorney who elects
disability inactive status or is suspended because of mental or physical
disability or substance abuse must apply for reinstatement pursuant to
D.C.COLO.LCrR 57.7I. and 57.7K.5. before practicing again in this court.

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4. Claim of Disability During Disciplinary Proceedings. If during a
disciplinary proceeding the respondent attorney asserts a disability by
reason of mental or physical illness or substance abuse, rendering
adequate defense impossible, the Panel shall order the respondent
suspended from practicing law until there can be a determination pursuant
to D.C.COLO.LCrR 57.7K.2. and 3. of his or her capacity to practice law.

5. Attorney Placed on Disability Inactive Status by Other Courts. A

member of this court’s bar who is placed on disability inactive status by
any state or federal court is prohibited from practicing before this court
during such status. Reinstatement upon termination of disability inactive
status shall be in accordance with D.C.COLO.LCrR 57.7K.5. through K.9.

6. Reinstatement After Disability Inactive Status or Suspension

Because of Disability.

a. An attorney who has elected to go on disability inactive status or

who has been suspended for mental or physical disability or
substance abuse may apply to the Panel for reinstatement not
more than once a year, or more frequently if the Panel so directs.
The application shall be granted upon a showing by clear and
convincing evidence that the attorney no longer is disabled and is fit
to practice law. The Panel, or the Committee if the Panel chooses
to delegate initial consideration of the application for reinstatement
to the Committee pursuant to D.C.COLO.LCrR 57.7I., may take or
direct such action as it deems appropriate to determine whether the
attorney’s disability has been remedied, including examination by
such medical experts as the Panel or Committee may designate.
The Panel or Committee may direct that any examination expenses
be paid by the attorney.

b. An attorney suspended because of a judicial declaration of

incompetence or involuntary commitment to a mental hospital, who
thereafter judicially is declared competent, may apply for
reinstatement upon proper proof of the latter declaration, and
reinstatement may be subject to such conditions as the Panel may
require.

7. Evidentiary Hearing. If the Panel holds an evidentiary hearing to

determine whether an attorney is disabled or to consider an application for
reinstatement, the chairperson of the Committee shall appoint one or more
members to offer evidence, examine and cross-examine witnesses, and
otherwise represent the Committee.

8. Waiver of Physician/Patient Privilege. Filing an application for

reinstatement constitutes waiver of any physician-patient privilege with
respect to any related treatment of the attorney. The attorney shall
disclose the name and address of every psychiatrist, psychologist,
physician, hospital, or other health-care provider that has examined or
treated him or her since three (3) years prior to his or her suspension and
shall furnish the Panel or the Committee written consent to obtain from
these sources information and records requested by the Panel or the
Committee or its designated medical experts.

64
 9. Orders Transferring. Orders transferring attorneys to or from disability
inactive status are matters of public record.

L. Complaint against Sitting Member of the Committee on Conduct. If a

complaint is lodged against a sitting member of the Committee, in lieu of
investigation by any other sitting member of the Committee the court shall
appoint a Special Subcommittee consisting of three members of the bar of the
court who in the past have served on the Committee but not as co-members with
the member against whom the complaint is lodged, or such other members of the
bar of the court as the court may choose. The court shall designate one of the
three as chair of the Special Subcommittee. The Special Subcommittee shall
follow the procedures set out in D.C.COLO.LCrR 57.7E., F., and G., with the
exception that the Special Subcommittee shall work directly with the Panel rather
than the full Committee.

M. Costs.

1. Disciplinary Proceedings. In all cases where discipline is imposed by

the Disciplinary Panel, it may assess against the respondent all or part of
the costs incurred in connection with the disciplinary proceedings.

2. Reinstatement and Readmission Proceedings. An attorney who

petitions for reinstatement from a suspension or readmission after
disbarment shall bear the cost of such proceedings.

3. Disability Proceedings. The Disciplinary Panel may order an attorney to

bear the cost of all or any part of the disability proceedings, including the
cost of any examinations ordered.

D.C.COLO.LCrR 58.1
FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE AND
NOTICE OF CONVICTION
A. Scheduled Offenses; Collateral. For certain scheduled offenses committed
within the jurisdiction of this court, collateral may be posted in the scheduled
amount set by the court. The collateral schedule for assimilated state-law
offenses shall be the same as set forth by the statutes or regulations of the state
unless modified by order of a judicial officer.

B. Petty Offenses; Collateral. With respect to any petty offense, a judicial officer
shall have the authority to specify a collateral forfeiture amount different from that
set out in this rule so long as an attorney or other representative of the
government consents.

C. Forfeiture Amount; Payment. The collateral forfeiture amount set by a judicial

officer pursuant to this section shall not be less than the minimum nor greater
than the maximum fine that could be imposed upon conviction for violation of the
particular regulation. Collateral may be posted by mail. Payment is authorized
by cash, check, money order, draft, or court-approved credit card.

65
D. Forfeiture. If a defendant fails to appear before a judicial officer after posting
collateral, the collateral shall be forfeited to the United States, and that forfeiture
shall be accepted in lieu of appearance and shall terminate the proceeding
without entry of judgment.

E. Increase in Amount of Collateral. If a defendant fails to post collateral and fails

to appear before a judicial officer, a judicial officer may increase the amount of
collateral. The increased amount of collateral shall not exceed double the
maximum fine which could be imposed upon conviction.

F. Forfeiture Not Permitted; Appearance Required. Notwithstanding section D.

above, forfeiture of collateral will not be permitted, and the defendant is required
to appear before a judicial officer in person or by counsel for:

1. an offense arising from an accident causing personal injury or death;

2. operation of a motor vehicle while impaired by or under the influence of

alcohol or a drug or controlled substance as defined by federal or state
statutes;

3. driving while a driver’s license is suspended, denied, or revoked;

4. reckless driving;

5. any offense where appearance is required by state or federal statute or

regulation;

6. illegal use or possession of a weapon; and

7. assault or crime of violence.

G. Notice of Conviction. When the defendant is convicted of a motor-vehicle

offense that requires a mandatory appearance, the clerk shall send notice of that
conviction to the appropriate state agency concerned with motor-vehicle
violations.

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 INDEX TO LOCAL CIVIL AND CRIMINAL RULES OF PRACTICE
ADA ACCOMMODATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

ADA ACCOMMODATIONS - CRIMINAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

ADMINISTRATIVE CLOSURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

ALTERNATIVE DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

APPEARANCES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Signature non-delegations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
U.S. Government Attorneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
What constitutes appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

APPEARANCES - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Bar Membership.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
ASSIGNMENT OF CASES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
AP Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Bankruptcy Appeal, Subsequent Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Civil Forfeiture Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Pro Se Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Random Draw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Recusal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Related Case Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Special Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

ASSIGNMENT OF CASES - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Assignment in General.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
probation or supervised release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Random Draw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Recusal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Special Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

ATTORNEY ADMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Familiarity with Local Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Good Standing Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Self-Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Withdrawal of Appearance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

ATTORNEY ADMISSION - CRIMINAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

ATTORNEY DISCIPLINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Attorney Subject to a Criminal Conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Committee on Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Disciplinary Panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Disciplinary Panel Hearings and Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Mental or Physical Incompetence or Disability, or Substance Abuse. . . . . . . . 35
Pending Criminal Conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

67
 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Resolution of the Complaint by the Committee on Conduct. . . . . . . . . . . . . . . 32

ATTORNEY DISCIPLINE - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

ATTORNEY FEES MOTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

BANKRUPTCY MATTERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Automatic Referral. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Filings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Non-core Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Post-judgment Matters.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Withdrawal of Appearance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

BONDS AND OTHER SURETIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Personal Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Surety Company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

CAMERAS AND RECORDING DEVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Attorney Identification Card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

CAMERAS AND RECORDING DEVICES - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . 55

CJA MOTIONS AND ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

CLAIM OF UNCONSTITUTIONALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Against Federal Statute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Against State Statute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Certification by Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

COMMUNICATION WITH JURORS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

COMMUNICATION WITH JURORS - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

CONSENT JURISDICTION OF MAGISTRATE JUDGES. . . . . . . . . . . . . . . . . . . . . . 25

Additional Parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Prohibited Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Reassignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Unanimous Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Vacating Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

COURT REGISTRY .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Investment of Registry Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Receipt of Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

COVER SHEET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

CUSTODY OF FILES AND EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

68
CUSTODY OF FILES AND EXHIBITS - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . 52

DEPOSITION SANCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Expenses, Costs, Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Prohibited Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Special Master. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

DEPOSITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Duty to Limit Time and Expense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Notice and Scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

DEPOSITS - CRIMINAL
Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Investment of Registry Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

DISBURSEMENTS OF DEPOSITS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

DISCLOSURE STATEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

DISCLOSURE STATEMENT - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

DISCOVERY MATERIALS, CUSTODIAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

DISCOVERY MOTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

DISCOVERY REQUIREMENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

DISMISSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

ELECTRONIC CASE FILING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Paper Filings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Time Computation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

ELECTRONIC CASE FILING - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Paper Filings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Time for Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

EVIDENCE INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

EX PARTE COMMUNICATIONS, PROHIBITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

EX PARTE COMMUNICATIONS, PROHIBITION - CRIMINAL. . . . . . . . . . . . . . . . . . 55

FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Filing Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Request to Proceed In Forma Pauperis.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Schedule of Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

69
FILING AND SERVICE OF PLEADINGS AND PAPERS
Certificate of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Date of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Facsimile Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

FILING, TIME AND PLACE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Clerk's Office Business Hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Electronic Filings Deadline.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

FILING, TIME AND PLACE - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Clerk's Office Business Hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Electronic Filings Deadline.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

FINAL PRETRIAL ORDERS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

FORFEITURE OF COLLATERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

FORMAT OF PAPERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Case Numbering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Notice of Change of Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Originals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Signature Block. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

FORMAT OF PAPERS - CRIMINAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Case Numbering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Notice of Change of Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Originals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

FORMS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

GRAND JURY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

INFORMATION SHEET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

JUDGES' PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

JUDGES' PROCEDURES - CRIMINAL .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

JURY COST ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

MAGISTRATE JUDGES, AUTHORITY AND DUTIES. . . . . . . . . . . . . . . . . . . . . . . . . 24

Duties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Duties on reference by a district judge.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
General Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

MAGISTRATE JUDGES, AUTHORITY AND DUTIES - CRIMINAL. . . . . . . . . . . . . . . 53

Duties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
General Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

MAGISTRATE JUDGES, REFERENCE OF DISPOSITIVE MOTIONS . . . . . . . . . . . 26

Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

70
 Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Prohibited Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Unanimous Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Vacating Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

MOTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Citations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Duty to Confer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Hearings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Proposed Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Response and Reply Deadlines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Sanctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Supplemental Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Unopposed Motion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

MOTIONS FOR CONTINUANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

MOTIONS TO CLOSE COURT PROCEEDINGS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

MOTIONS TO CLOSE COURT PROCEEDINGS - CRIMINAL. . . . . . . . . . . . . . . . . . 46

MOTIONS TO CONSOLIDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

MOTIONS TO JOIN MOTIONS PROHIBITED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Alternative Procedure for Motions to Join. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

MOTIONS TO SEAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Effect of Denial of a Motion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Manner of Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Motion Open to Public Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Public Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Rule 11 Compliance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Stipulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

MOTIONS TO SEAL - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Effect of Denial of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Manner of Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Motion Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Public Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

MULTIDISTRICT LITIGATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Civil Cover Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Notice of Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Notice Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

PLEAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
District Judge, Pleas Before.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Plea Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Statement by Defendant in Advance of Plea of Guilty. . . . . . . . . . . . . . . . . . . . 41
Translation of Change of Plea Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Written Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

71
PRETRIAL CONFERENCE - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

PRISONER PLEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Forms and Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

PRO SE PLEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Forms and Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

PROFESSIONAL RESPONSIBILITY STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . 30

PROFESSIONAL RESPONSIBILITY STANDARDS - CRIMINAL. . . . . . . . . . . . . . . . 58

PROTECTIVE ORDER.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Effect of Motion; Stay.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Effect of Objection; Non-Stay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

RELATED CASES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

RELATED CASES, NOTICE

Notice to Judicial Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Time for Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

REMOVED ACTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

SCHEDULING CONFERENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

SCHEDULING ORDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

SCOPE OF RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Citation, Proper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Clerk. Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Formal Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Judicial Officer. Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Numbering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

SCOPE OF RULES - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Citation, Proper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Clerk, Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Judicial Officer, Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Numbering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Identification Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

72
SECURITY - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

SENTENCING PAPERS DEADLINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

SERVICE AND FILING OF PLEADINGS AND PAPERS - CRIMINAL. . . . . . . . . . . . . 48

Facsimile Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

SERVICE BY OTHER MEANS

Consent to Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Effect of Electronic Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Electronic Case Filing Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

SERVICE BY OTHER MEANS - CRIMINAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Consent to Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Electronic Case Filing Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

STIPULATIONS AND MOTIONS FOR EXTENSION OF TIME. . . . . . . . . . . . . . . . . . . 5

Extension by Motion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Extension on Stipulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Service on Client. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

SUBPOENA SERVICE DEADLINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

SUMMARY JUDGMENT MOTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Requirements and Deadlines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

TEMPORARY RESTRAINING ORDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Information Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Motion Requirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

TRIAL CALENDARS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Notice of Scheduling Conflict. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Notice of Settlement or Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

APPENDICES following this page

73
O JS 44 (R ev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the inform ation contained herein neither replace nor supplem ent the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form , approved by the Judicial Conference of the United States in Septem ber 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE IN STR U C TIO N S O N THE R EV ER SE O F T HE FO R M .)

PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EX C EPT IN U .S. PLAIN TIFF C ASES) (IN U .S. PLAIN TIFF C ASES O N LY )
N O T E: IN LA N D CO N D E M N A T IO N CA SE S, U SE T H E LO C A TIO N O F TH E
LAN D IN V O LV ED .

(c) Attorney’s (Firm N ame, Address, and Telephone N umber) Attorneys (If Know n)

II. BASIS OF JURISDICTION (Place an “ X ” in O ne Box O nly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X ” in O ne Box for Plaintiff
(For D iversity C ases O nly) and O ne Box for D efendant)
’ 1 U .S. G overnment ’ 3 Federal Q uestion PTF DEF PTF DEF
Plaintiff (U .S. G overnment N ot a Party) C itizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U .S. G overnment
D efendant
IV. NATURE OF SUIT
CONTRACT
’ 110 Insurance
’ 120 M arine
’ 130 M iller Act
’ 140 N egotiable Instrument
’ 150 R ecovery of O verpayment
& Enforcement of Judgment
’ 151 M edicare Act
’ 152 R ecovery of D efaulted
Student Loans
(Excl. V eterans)
’ 153 R ecovery of O verpayment
of V eteran’s Benefits
’ 160 Stockholders’ Suits
’ 190 O ther C ontract
’ 195 C ontract Product Liability
’ 196 Franchise
REAL PROPERTY
’ 210 Land C ondemnation
’ 220 Foreclosure
’ 230 R ent Lease & Ejectment
’ 240 Torts to Land
’ 245 Tort Product Liability
’ 290 All O ther R eal Property
’ 4 D iversity C itizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
of Business In A nother State
(Indicate C itizenship of Parties in Item III)
C itizen or Subject of a ’ 3 ’ 3 Foreign N ation ’ 6 ’ 6
Foreign C ountry
(Place an “X ” in O ne B ox O nly)
TORTS F O R FE IT U R E /P E N A L T Y B A N K R U PT C Y O T H E R ST A T U T E S
P E R SO N A L IN JU R Y P E R SO N A L IN JU R Y ’ 610 Agriculture ’ 422 Appeal 28 U SC 158 ’ 400 State R eapportionment
’ 310 Airplane ’ 362 Personal Injury - ’ 620 O ther Food & D rug ’ 423 W ithdraw al ’ 410 Antitrust
’ 315 Airplane Product M ed. M alpractice ’ 625 D rug R elated Seizure 28 U SC 157 ’ 430 Banks and Banking
Liability ’ 365 Personal Injury - of Property 21 U SC 881 ’ 450 C ommerce
’ 320 Assault, Libel & Product Liability ’ 630 Liquor Law s P R O P E R T Y R IG H T S ’ 460 D eportation
Slander ’ 368 Asbestos Personal ’ 640 R .R . & Truck ’ 820 C opyrights ’ 470 R acketeer Influenced and
’ 330 Federal Employers’ Injury Product ’ 650 Airline R egs. ’ 830 Patent C orrupt O rganizations
Liability Liability ’ 660 O ccupational ’ 840 Trademark ’ 480 C onsumer C redit
’ 340 M arine P E R SO N A L PR O P E R T Y Safety/Health ’ 490 Cable/Sat TV
’ 345 M arine Product ’ 370 O ther Fraud ’ 690 O ther ’ 810 Selective Service
Liability ’ 371 Truth in Lending LABOR SO C IA L SE C U R IT Y ’ 850 Securities/C ommodities/
’ 350 M otor V ehicle ’ 380 O ther Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange
’ 355 M otor V ehicle Property D amage Act ’ 862 Black Lung (923) ’ 875 C ustomer C hallenge
Product Liability ’ 385 Property D amage ’ 720 Labor/M gmt. R elations ’ 863 D IW C /D IW W (405(g)) 12 U SC 3410
’ 360 O ther Personal Product Liability ’ 730 Labor/M gmt.R eporting ’ 864 SSID Title X V I ’ 890 O ther Statutory Actions
Injury & D isclosure Act ’ 865 R SI (405(g)) ’ 891 Agricultural Acts
C IV IL R IG H T S P R ISO N E R P E T IT IO N S ’ 740 R ailw ay Labor Act F E D E R A L T A X SU IT S ’ 892 Economic Stabilization Act
’ 441 V oting ’ 510 M otions to V acate ’ 790 O ther Labor Litigation ’ 870 Taxes (U .S. Plaintiff ’ 893 Environmental M atters
’ 442 Employment Sentence ’ 791 Empl. R et. Inc. or D efendant) ’ 894 Energy Allocation Act
’ 443 Housing/ H abeas C orpus: Security Act ’ 871 IRS— Third Party ’ 895 Freedom of Information
Accommodations ’ 530 G eneral 26 U SC 7609 Act
’ 444 W elfare ’ 535 D eath Penalty IM M IG R A T IO N ’ 900A ppeal of Fee D etermina tio n
’ 445 Amer. w /D isabilities - ’ 540 M andamus & O ther ’ 462 N aturalization Application U nder Equal Access
Employment ’ 550 C ivil R ights ’ 463 Habeas C orpus - to Justice
’ 446 Amer. w /D isabilities - ’ 555 Prison C ondition Alien D etainee ’ 950 C onstitutionality of
O ther ’ 465 O ther Immigration State Statutes
’ 440 O ther C ivil R ights Actions

V. ORIGIN (Place an “X ” in O ne B ox O nly) Appeal to District

’ 1 O riginal ’ 2 Rem oved from ’ 3 Rem anded from ’ 4 Reinstated or Transferred from ’ 6 M ultidistrict
’ 5 ’ 7 Judge from
Proceeding State Court Appellate Court Reopened another district Litigation M agistrate
(specify) Judgm ent
Cite the U .S. Civil Statute under which you are filing (D o not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN ’ CHECK IF THIS IS A C L A SS A C T IO N D EM A N D $ CH ECK Y ES only if dem anded in com plaint:
COM PLAINT: U N D ER F.R.C.P. 23 JU R Y D EM A N D: ’ Y es ’ No
D ATE SIG N ATU R E O F ATTO R N EY O F R EC O R D

F O R O F F IC E U SE O N L Y

R EC EIPT # AM O U N T APPLY IN G IFP JU D G E M AG . JU D G E

JS 44 R everse (R ev. 12/07)

Appendix A
 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation
cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of
the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of
suit, select the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Appendix B

SUPPLEM ENTAL CIVIL COVER SHEET FOR

NOTICES OF REM OVAL

The rem oving party shall com plete the SUPPLEMENTAL CIVIL COVER SHEET FOR NOTICES
OF REMOVAL and follow D.C.COLO.LCivR 81.1. and 28 U.S.C. § 1446(a).

Section A - Plaintiffs Section B - Defendants

Plaintiffs rem aining in action at the tim e of filing Defendants rem aining in action at the tim e of filing
the notice of rem oval the notice of rem oval
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.

Section C - Pending State Court M otions

As of Date of Removal
Title of Motion: Date Motion Filed:
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7.
(Use reverse for additional inform ation if
necessary)

Section D - Scheduled State Court Hearings

As of Date of Removal

Title of State Court Scheduled Hearing;

Date of Hearing;
Tim e of Hearing;
______________________________________
Assigned State Judge
Signature of Attorney for Rem oving Party
1.
2.
3.
4. Printed Nam e
5.
6. Phone Num ber:_____________________
D a te :_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
State Court Case No.
(Rev. 11/08/10)
_______________________________
 Appendix C

SCHEDULE OF FEES

Filing civil complaint or notice of removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00

Jury fee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NONE
Filing responsive pleading, motion, or third-party pleadings. . . . . . . . . . . . . . . . . . . . . . NONE
Certification of any document or paper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.00
Certificate of Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.00
Certificate of Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26.00
Registering judgment from another district (rj case). . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39.00
Filing or indexing any paper not in a case or proceeding for which
a case filing fee has been paid (mc and y cases). . . . . . . . . . . . . . . . . . . . . . . . $ 39.00
Registration or revocation of power of attorney (sureties).. . . . . . . . . . . . . . . . . . . . . . . $ 39.00
Reproduction of any record or paper (per sheet). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .50
Production of a document from computer system (per page). . . . . . . . . . . . . . . . . . . . . $ .10
Duplicate certificate of admission/certificate of good standing. . . . . . . . . . . . . . . . . . . . $ 15.00
Admission of attorney to practice in U. S. District Court
for the District of Colorado. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 160.00
Notice of Appeal (fees to be paid together)
Filing Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00
Docket Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450.00
Appeal to a district judge from conviction by magistrate judge/misdemeanor case . . . $ 32.00
W itness fee per day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40.00
W itness mileage, round-trip (per mile).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .51
Retrieval from Federal Records Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00
Tape recording of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26.00
Fee for returned check.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00
Exemplifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18.00

(Rev. 01/11)
 Appendix D

UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO
FACSIMILE COVER SHEET

Pursuant to D.C.COLO.LCivR 5.1, this cover sheet must be submitted with any facsimile filing.

A pleading or paper not requiring a filing fee and no longer than ten pages, including all attachments,

may be filed with the clerk by means of facsimile during a business day. Facsimiles received by the clerk

after 5:00 p.m. (Mountain Time) will be considered filed as of the next business day.

Clerk’s Office facsimile telephone number: 303-335-2714

1. Date of transmission: _______________________________________________________

2. Name of attorney or pro se party making the transmission:__________________________

Facsimile number: ___________________ Telephone number: _______________________

3. Case number, caption, and title of pleading or paper: _____________________________

______________________________________________________________________________

______________________________________________________________________________

4. Number of pages being transmitted, including the facsimile cover sheet: _______________
Instructions, if any: _____________________________________________________________

(Rev. (12/08)
 Appendix E
**

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. ____________

Plaintiff,

v.

Defendant.

(Title of Pleading or Paper)

** Space should be provided for the court filing stamp in the upper right corner of the first page of each

document.

(Rev. 04/15/02)
 Appendix F
INSTRUCTIONS FOR PREPARATION
OF SCHEDULING ORDER

When the court has set a scheduling conference pursuant to Fed. R. Civ. P. 16
and D.C.COLO.LCivR 16.1 and 16.2 , a scheduling order shall be prepared in
accordance with these instructions. The rule 26(f) meeting shall be held at least 21 days
before the proposed scheduling order is due to be tendered. The disclosures required
by Fed. R. Civ. P. 26(a)(1) shall be exchanged at or within 14 days after the rule 26(f)
meeting. Do not file any disclosure statements with the court.

Five days before the scheduling conference (see Fed. R. Civ. P. 6 for all
computations of time), counsel are to tender a proposed scheduling order which shall
include the signatures of counsel and pro se parties and shall provide for approval by
the court as specified on the attached form. Counsel and pro se parties should try, in
good faith, to agree upon matters covered in the scheduling order. Any area of
disagreement should be set forth with a brief statement concerning the basis for the
disagreement. The parties should expect that the court will make modifications in the
proposed scheduling order and will want to discuss all issues affecting management of
the case.

D.C.COLO.LCivR 72.2 authorizes magistrate judges to exercise jurisdiction of

civil matters upon the consent of the parties. If all parties have consented to the
exercise of jurisdiction by a magistrate judge pursuant to D.C.COLO.LCivR 72.2, the
“Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction and
Consent to the Exercise of Jurisdiction by a United States Magistrate Judge” form and a
proposed order of reference are to be filed promptly with the Clerk of the Court and the
consent indicated in section 6. of the proposed scheduling order. Note that
D.C.COLO.LCivR 72.2D. provides, in part: "Written consent to proceed before a
magistrate judge must be filed no later than ten days after the discovery cut-off date. In
cases not requiring discovery, the parties shall have 40 days from the filing of the last
responsive pleading to file their unanimous consent." Refer to D.C.COLO.LCivR 72.2F.
if all parties have not been served or in the event additional parties are added after the
scheduling conference.
Listed on the following pages as Appendix F.1. is the format for the proposed
scheduling order. The bracketed and italicized information on the form explains what
the court expects.
Also listed on the following pages as Appendix F.2. is the format for the
proposed scheduling order on an action for review of an administrative record. The
bracketed and italicized information on the form explains what the court expects.
 Scheduling orders shall be double-spaced in accordance with
D.C.COLO.LCivR 10.1E., even though the instructions in the following format for
the proposed scheduling order are single-spaced.

PARTIES AND COUNSEL ARE DIRECTED TO THE COURT’S WEBSITE,

http://www.cod.uscourts.gov/Dindex.htm, FOR ITS LOCAL RULES AND THE
GENERAL PROCEDURES OF EACH JUDICIAL OFFICER.

(Rev. 11/20/09)
 Appendix F.1.
(Rev. 12/10)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.

Plaintiff(s),
v.

Defendant(s).

SCHEDULING ORDER

1. DATE OF CONFERENCE
AND APPEARANCES OF COUNSEL AND PRO SE PARTIES
[Provide the date of the conference and the names, addresses, and telephone
numbers of counsel for each party and each pro se party. Identify by name the party
represented by each counsel.]

2. STATEMENT OF JURISDICTION
[Provide a concise statement of the basis for subject matter jurisdiction with
appropriate statutory citations. If jurisdiction is denied, give the specific reason for the
denial.]

3. STATEMENT OF CLAIMS AND DEFENSES

a. Plaintiff(s):
b. Defendant(s):
c. Other Parties:
[Provide concise statements of all claims or defenses. Each party, in light of
formal or informal discovery undertaken thus far, should take special care to eliminate
frivolous claims or defenses. Fed. R. Civ. P. 11 and 16(c)(2)(A). Do not summarize
the pleadings. Statements such as defendant denies the material allegations of the
complaint" are not acceptable.]

4. UNDISPUTED FACTS
The following facts are undisputed:
[When the parties have the Rule 26(f) meeting, they should make a good-faith
attempt to determine which facts are not in dispute.]

5. COMPUTATION OF DAMAGES
[Include a computation of all categories of damages sought and the basis and
theory for calculating damages. See Fed. R. Civ. P. 26(a)(1)(A)(iii). This should include
the claims of all parties. It should also include a description of the economic damages,
non-economic damages, and physical impairment claimed, if any.]

6. REPORT OF PRECONFERENCE DISCOVERY AND

MEETING UNDER FED.R.CIV.P. 26(f)
a. Date of Rule 26(f) meeting.
b. Names of each participant and party he/she represented.
c. Statement as to when Rule 26(a)(1) disclosures were made or will be
made.
[If a party’s disclosures were not made within the time provided in Fed. R. Civ. P.
26(a)(1)(C) or by the date set by court order, the parties must provide an explanation
showing good cause for the omission.]
d. Proposed changes, if any, in timing or requirement of disclosures under
Fed. R. Civ. P. 26(a)(1).
e. Statement concerning any agreements to conduct informal discovery:
[State what processes the parties have agreed upon to conduct informal
discovery, such as joint interviews with potential witnesses or joint meetings with clients
to discuss settlement, or exchanging documents outside of formal discovery. If there is
agreement to conduct joint interviews with potential witnesses, list the names of such
witnesses and a date and time for the interview which has been agreed to by the
witness, all counsel, and all pro se parties.]
f. Statement concerning any other agreements or procedures to reduce
discovery and other litigation costs, including the use of a unified exhibit numbering
system.
 [Counsel and pro se parties are strongly encouraged to cooperate in order to
reduce the costs of litigation and expedite the just disposition of the case. Discovery
and other litigation costs may be reduced, for example, through telephone depositions,
joint repositories for documents, use of discovery in other cases, and extensive use of
expert affidavits to support judicial notice. Counsel and pro se parties also will be
expected to use a unified exhibit numbering system if required by the practice standards
of the judicial officer presiding over the trial of this case.
g. Statement as to whether the parties anticipate that their claims or
defenses will involve extensive electronically stored information, or that a substantial
amount of disclosure or discovery will involve information or records maintained in
electronic form.
[In such cases, the parties must indicate what steps they have taken or will take
to (I) preserve electronically stored information; (ii) facilitate discovery of electronically
stored information; (iii) limit the associated discovery costs and delay; (iv) avoid
discovery disputes relating to electronic discovery; and (v) address claims of privilege or
of protection as trial-preparation materials after production of computer-generated
records. Counsel should describe any proposals or agreements regarding electronic
discovery made at the Rule 26(f) conference and be prepared to discuss issues
involving electronic discovery, as appropriate, at the Scheduling Conference.]
[When the parties have their Rule 26(f) meeting, they must discuss any issues
relating to the disclosure and discovery of electronically stored information, including the
form of production, and also discuss issues relating to the preservation of electronically
stored information, communications, and other data. At the Rule 26(f) meeting, the
parties should make a good faith effort to agree on a mutually acceptable format for
production of electronic or computer-based information. In advance of the Rule 26(f)
meeting, counsel carefully investigate their client’s information management systems so
that they are knowledgeable as to its operation, including how information is stored and
how it can be retrieved.]
h. Statement summarizing the parties’ discussions regarding the possibilities
for promptly settling or resolving the case.
[The parties are required by Fed. R. Civ. P. 26(f)(2) to have discussed the
possibilities for a prompt settlement or resolution of the case by alternate dispute
resolution. They must also report the result of any such meeting, and any similar future
meeting, to the magistrate judge within ten days of the meeting.]

7. CONSENT
[Pursuant to D.C.COLO.LCivR 72.2, all full-time magistrate judges in the District
of Colorado are specially designated under 28 U.S.C. § 636(c)(1) to conduct any or all
proceedings in any jury or nonjury civil matter and to order the entry of judgment.
Parties consenting to the exercise of jurisdiction by a magistrate judge must complete
and file the court-approved Consent to the Exercise of Jurisdiction by a United States
Magistrate Judge form.]
[Indicate below the parties’ consent choice. Upon consent of the parties and an
order of reference from the district judge, the magistrate judge assigned the case under
28 U.S.C.§ 636(a) and (b) will hold the scheduling conference and retain settlement
jurisdiction, whereas pretrial case management, jurisdiction of dispositive motions, and
trial will be assigned to the magistrate judge drawn at random under D.C.COLO.LCivR
72.2.]
All parties [have or have not] consented to the exercise of jurisdiction of a
magistrate judge.

8. DISCOVERY LIMITATIONS
[In the majority of cases, the parties should anticipate that the court will adopt the
presumptive limitations on depositions established in Fed. R. Civ. P. 30(a)(2)(A)(I) and
33(a)(I). The parties are expected to engage in pretrial discovery in a responsible
manner consistent with the spirit and purposes of Fed. R. Civ. P. 1 and 26 through 37.
The parties are expected to propose discovery limits that are proportional to the needs
of the case, the amount in controversy, and the importance of the issues at stake in the
action. See Fed. R. Civ. P. 26(g)(1)(B)(iii). The court must limit discovery otherwise
permitted by the Federal Rules of Civil Procedure if it determines that “the burden or
expense of the proposed discovery outweighs its likely benefit, considering the needs of
the case, the amount in controversy, the parties’ resources, the importance of the
issues at stake in the action, and the importance of the discovery in resolving the
action.” See Fed. R. Civ. P. 26(b)(2)(C).]
a. Modifications which any party proposes to the presumptive numbers of
depositions or interrogatories contained in the Federal Rules.
[If a party proposes to exceed the numerical limits set forth in Fed. R. Civ. P.
30(a)(2)(A)(I), at the scheduling conference they should be prepared to support that
request by reference to the factors identified in Fed. R. Civ. P. 26(b)(2)(C).]
b. Limitations which any party proposes on the length of depositions.

c. Limitations which any party proposes on the number of requests for

production and/or requests for admission.
[If the parties propose more than twenty-five (25) requests for production and/or
requests for admission, at the scheduling conference they should be prepared to
support that proposal by reference to the factors identified in Fed. R. Civ. P.
26(b)(2)(C).]
 d. Other Planning or Discovery Orders
[Set forth any other proposed orders concerning scheduling or discovery. For
example, the parties may wish to establish specific deadlines for submitting protective
orders or for filing motions to compel.]

9. CASE PLAN AND SCHEDULE

a. Deadline for Joinder of Parties and Amendment of Pleadings:
[Set time period within which to join other parties and to amend all pleadings.
This deadline refers to timing only and does not eliminate the necessity to file an
appropriate motion and to otherwise comply with Fed. R. Civ. P. 15. Unless otherwise
ordered in a particular case, for good cause, this deadline should be no later than 45
days after the date of the scheduling conference, so as to minimize the possibility that
late amendments and joinder of parties will precipitate requests for extensions of
discovery cutoff, final pretrial conference, and dispositive motion dates. Counsel and
pro se parties should plan discovery so that discovery designed to identify additional
parties or claims is completed before these deadlines.]
b. Discovery Cut-off:
c. Dispositive Motion Deadline:
[Set time periods in which discovery is to be completed and dispositive motions
are to be filed.]
d. Expert Witness Disclosure
1. The parties shall identify anticipated fields of expert testimony, if
any.
2. Limitations which the parties propose on the use or number of
expert witnesses.
3. The parties shall designate all experts and provide opposing
counsel and any pro se parties with all information specified in Fed.
R. Civ. P. 26(a)(2) on or before ,
201 . [This includes disclosure of information applicable to
“Witnesses Who Must Provide A Written Report” under Rule
26(a)(2)(B) and information applicable to “Witnesses Who Do Not
Provide a Written Report” under Rule 26(a)(2)(C).]
4. The parties shall designate all rebuttal experts and provide
opposing counsel and any pro se party with all information specified
in Fed. R. Civ. P. 26(a)(2) on or before , 201
. [This includes disclosure of information applicable to
“Witnesses Who Must Provide A Written Report” under Rule
 26(a)(2)(B) and information applicable to “Witnesses Who Do Not
Provide a Written Report” under Rule 26(a)(2)(C).]

[Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2)(B), no exception to the

requirements of the Rule will be allowed by stipulation unless the stipulation is in writing
and approved by the court. In addition to the requirements set forth in Rule
26(a)(2)(B)(I)-(vi), the expert’s written report also must identify the principles and
methods on which the expert relied in support of his/her opinions and describe how the
expert applied those principles and methods reliably to the facts of the case relevant to
the opinions set forth in the written report.]
e. Identification of Persons to Be Deposed:
[List the names of persons to be deposed and provide a good faith estimate of
the time needed for each deposition. All depositions must be completed on or before
the discovery cut-off date and the parties must comply with the notice and scheduling
requirements set for in D.C.COLOLCivR 30.1.]
f. Deadline for Interrogatories:
[The parties are expected to serve interrogatories on opposing counsel or a pro
se party on a schedule that allows timely responses on or before the discovery cut-off
date.]
g. Deadline for Requests for Production of Documents and/or Admissions
[The parties are expected to serve requests for production and/or requests for
admission on opposing counsel or a pro se party on a schedule that allows timely
responses on or before the discovery cut-off date.]

10. DATES FOR FURTHER CONFERENCES

[The magistrate judge will complete this section at the scheduling conference if
he or she has not already set deadlines by an order filed before the conference.]
a. A settlement conference will be held on________________________ at
______ o'clock __.m. It is hereby ordered that all settlement conferences that take
place before the magistrate judge shall be confidential.
( ) Pro se parties and attorneys only need be present.
( ) Pro se parties, attorneys, and client representatives with authority to settle
must be present. (NOTE: This requirement is not fulfilled by the presence of counsel. If
an insurance company is involved, an adjustor authorized to enter into settlement must
also be present.)
 ( ) Each party shall submit a Confidential Settlement Statement to the
magistrate judge on or before _______________ outlining the facts and issues, as well
as the strengths and weaknesses of their case.
b. Status conferences will be held in this case at the following dates and
times:

c. A final pretrial conference will be held in this case on

at o’clock m. A Final Pretrial Order shall be prepared by the parties and
submitted to the court no later than five (5) days before the final pretrial conference.

11. OTHER SCHEDULING MATTERS

a. Identify those discovery or scheduling issues, if any, on which counsel
after a good faith effort, were unable to reach an agreement.
b. Anticipated length of trial and whether trial is to the court or jury.
c. Identify pretrial proceedings, if any, that the parties believe may be more
efficiently or economically conducted in the District Court’s facility at 212 N. Wahsatch
Street, Colorado Springs, Colorado. [Determination of any such request will be made
by the magistrate judge based on the individual needs of the case and the availability of
space and security resources.]

12. NOTICE TO COUNSEL AND PRO SE PARTIES

[The following paragraphs shall be included in the scheduling order:]
The parties filing motions for extension of time or continuances must comply with
D.C.COLO.LCivR 6.1D. by submitting proof that a copy of the motion has been served
upon the moving attorney's client, all attorneys of record, and all pro se parties.
Counsel will be expected to be familiar and to comply with the Pretrial
and Trial Procedures or Practice Standards established by the judicial officer
presiding over the trial of this case.
With respect to discovery disputes, parties must comply with
D.C.COLO.LCivR 7.1A.
In addition to filing an appropriate notice with the clerk's office, a pro se
party must file a copy of a notice of change of his or her address or telephone
number with the clerk of the magistrate judge assigned to this case.
In addition to filing an appropriate notice with the clerk's office, counsel
must file a copy of any motion for withdrawal, motion for substitution of counsel,
or notice of change of counsel's address or telephone number with the clerk of
the magistrate judge assigned to this case.
 13. AMENDMENTS TO SCHEDULING ORDER
[Include a statement that the scheduling order may be altered or
amended only upon a showing of good cause.]

DATED this day of , 20 .

BY THE COURT:

__________________________
United States Magistrate Judge

APPROVED:

________________________________ ________________________________

(Name) (Name)
(Address) (Address)
(Telephone Number) (Telephone Number)
Attorney for Plaintiff (or Plaintiff, Pro Se) Attorney for Defendant (or Defendant,
Pro Se)
[Please affix counsels' and any pro se party's signatures before submission of the final
pretrial order to the court.]
 Appendix F.2.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

Plaintiff(s)

v.

Defendant(s).

SCHEDULING ORDER IN AN ACTION FOR

REVIEW ON AN ADMINISTRATIVE RECORD

1. DATE OF CONFERENCE
AND APPEARANCES OF COUNSEL AND PRO SE PARTIES

[Provide the date of the conference and the names, addresses, and telephone
numbers of counsel for each party and each pro se party. Identify by name the party
represented by each counsel.]

2. STATEMENT OF JURISDICTION

[Provide a concise statement of the basis for subject matter jurisdiction with
appropriate statutory citations. If jurisdiction is denied, give the specific reason for the
denial.]

3. STATEMENT OF CLAIMS AND DEFENSES

 a. Plaintiff(s):

b. Defendant(s):

[Provide concise statements of all claims or defenses. Each party, in light of

formal or informal discovery undertaken thus far, should take special care to eliminate
frivolous claims or defenses. Fed. R. Civ. P. 16(c)(1), 11. Do not summarize the
pleadings. Statements such as defendant denies the material allegations of the
complaint" are not acceptable.]

4. COMPUTATION OF DAMAGES

[Include a computation of all categories of damages sought and the basis and
theory for calculating damages. See Fed. R. Civ. P. 26(a)(1)(C). This should include
the claims of all parties. It should also include a description of the economic damages,
non-economic damages, and physical impairment claimed, if any.]

5. CONSENT

[Pursuant to D.C.COLO.LCivR 72.2, all full-time magistrate judges in the District

of Colorado are specially designated under 28 U.S.C. § 636(c)(1) to conduct any or all
proceedings in any jury or nonjury civil matter and to order the entry of judgment. Upon
consent of the parties and an order of reference from the district judge, the magistrate
judge assigned the case under 28 U.S.C. § 636(a) and (b) will hold the scheduling
conference and retain settlement jurisdiction, whereas pretrial case management,
jurisdiction of dispositive motions, and trial will be assigned to the magistrate judge
drawn at random under D.C.COLO.LCivR 72.2.]

[Indicate below the parties consent choice. Parties consenting to the exercise of
jurisdiction by a magistrate judge must complete and file the court-approved Consent to
the Exercise of Jurisdiction by a United States Magistrate Judge form.]

All parties [have or have not] consented to the exercise of jurisdiction of a

magistrate judge.

6. CASE PLAN AND SCHEDULE

[In non-FOIA cases, the parties should provide a brief statement indicating
whether they agree upon the administrative record and the applicable standard review.
If there is a disagreement on the applicable standard of review, each party shall
concisely set forth the bases for their position.]

a. Deadline for submission of the Administrative Record or Index pursuant to

Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973):

b. Deadline for filing any Motion Requesting Discovery:

[A party moving for discovery must set forth in their motion the factual and legal
bases for the requested discovery, and must append to their motion proposed
interrogatories and/or requests for production . A party requesting depositions should
also provide a list of proposed deponents and a brief summary of the information to be
sought from each deponent.]

c. Deadline for Filing a Motion to Supplement the Administrative Record

[A party moving to supplement the administrative record must set forth in their
motion the factual and legal bases for the requested relief and must identify the
documents, materials or facts they wish to incorporate in the administrative record.]

d. Deadline for filing Plaintiff’s Opening Brief:

e. Deadline for filing Defendant’s Response Brief:

f. Deadline for filing Plaintiff’s Reply Brief:

[The parties must file, contemporaneously with the filing of Plaintiff’s Reply Brief,
a “Joint Motion for Determination” which will serve as notice to the court that briefing
has been completed.]

7. CONFERENCES

[The parties must certify here that, as required by Fed. R. Civ. P. 26(f), they
have discussed the possibilities for a prompt settlement or resolution of the case by
alternate dispute resolution. They must also report the result of any such meeting, and
any similar future meeting, to the magistrate judge within ten days of the meeting.]

[The magistrate judge will complete this section at the scheduling conference if
he or she has not already set deadlines by an order filed before the conference.]

a. A settlement conference will be held on at

______ o'clock __.m.
 It is hereby ordered that all settlement conferences that take place before the
magistrate judge shall be confidential.

( ) Pro se parties and attorneys only need be present.

( ) Pro se parties, attorneys, and client representatives with authority to settle

must be present. (NOTE: This requirement is not fulfilled by the presence of counsel. If
an insurance company is involved, an adjustor authorized to enter into settlement must
also be present.)

( ) Each party shall submit a Confidential Settlement Statement to the

magistrate judge on or before outlining the facts and issues, as
well as the strengths and weaknesses of their case.

b. Status conferences will held in this case at the following dates and times:

8. OTHER MATTERS

[The following paragraphs shall be included in the scheduling order:]

In addition to filing an appropriate notice with the clerk's office, counsel

must file a copy of any motion for withdrawal, motion for substitution of counsel,
or notice of change of counsel's address or telephone number with the clerk of
the magistrate judge assigned to this case.

Counsel will be expected to be familiar and to comply with the Pretrial

and Trial Procedures established by the judicial officer presiding over the trial of
this case.

In addition to filing an appropriate notice with the clerk's office, a pro se party
must file a copy of a notice of change of his or her address or telephone number with
the clerk of the magistrate judge assigned to this case.

The parties filing motions for extension of time or continuances must comply with
D.C.COLO.LCivR 6.1D. by submitting proof that a copy of the motion has been served
upon the moving attorney's client, all attorneys of record, and all pro se parties.
 DATED this ______ day of _____________ 201__.

BY THE COURT:

__________________________
United States Magistrate Judge

APPROVED:

________________________________ ________________________________
(Name) (Name)
(Address) (Address)
(Telephone Number) (Telephone Number)
Attorney for Plaintiff (or Plaintiff, Pro Se) Attorney for Defendant (or Defendant,
Pro Se)

[Please affix counsels' and any pro se party's signatures before submission of the final
pretrial order to the court.]
 Appendix G

INSTRUCTIONS FOR PREPARATION OF

FINAL PRETRIAL ORDER

Counsel and any pro se party are directed to meet in advance of the pretrial conference
and jointly to develop the contents of the proposed final pretrial order, which shall be
presented for the court’s approval no later than five days before the final pretrial
conference. Also, attention is directed to Fed. R. Civ. P. 16(d), which provides, in
pertinent part, that “[t]he conference shall be attended by at least one of the attorneys
who will conduct the trial for each of the parties and by any unrepresented parties.”

Listed on the following pages is a format for matters to be included in the final pretrial
order. For convenience of the court, counsel, and any pro se party, the sequence and
terminology in this format should be used in the preparation of the final pretrial order.
The bracketed and italicized information on the form explains what the court expects.

Final pretrial orders shall be double-spaced in accordance with D.C.COLO.LCivR

10.1E., even though the instructions in the following format for the proposed
scheduling order are single-spaced.

(Rev. 04/15/02)
 Appendix G
(Continued)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

Plaintiff(s),

v.

Defendant(s).

FINAL PRETRIAL ORDER

1. DATE AND APPEARANCES

2. JURISDICTION

[Include a statement of the basis for subject matter jurisdiction with appropriate statutory
citations. If jurisdiction is denied, give the specific reason for the denial.]

3. CLAIMS AND DEFENSES

[Summarize the claims and defenses of all parties, including the respective versions of
the facts and legal theories. Do not copy the pleadings. Identify the specific relief
sought. Eliminate claims and defenses which are unnecessary, unsupported, or no
longer asserted.]

4. STIPULATIONS

[Set forth all stipulations concerning facts, evidence, and the applicability of statutes,
regulations, rules, ordinances, etc.]

5. PENDING MOTIONS
[List any pending motion to be decided before trial, giving the filing date and the filing
date of any briefs in support or opposition. Include any motions on which the court
expressly has postponed ruling until trial on the merits. If there are no pending motions,
please state, "None."]

6. WITNESSES

a. List the nonexpert witnesses to be called by each party. List separately:

(1) witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));

(2) witnesses who may be present at trial if the need arises (see Fed. R. Civ.
P. 26(a)(3)(A)); and

(3) witnesses where testimony is expected to be presented by means of a

deposition and, if not taken stenographically, a transcript of the pertinent
portions of the deposition testimony. See Fed. R. Civ. P. 26(a)(3)(B).

b. List the expert witnesses to be called by each party. List separately:

(1) witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));

(2) witnesses who may be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));
and

(3) witnesses where testimony is expected to be presented by means of a

deposition and, if not taken stenographically, a transcript of the pertinent
portions of the deposition testimony. See Fed. R. Civ. P. 26(a)(3)(B).

[With each witness' name, set forth (1) the witness' address and telephone number if
not previously disclosed, (2) a short statement as to the nature and purpose of the
witness' testimony, and (3) whether he or she is expected to testify in person or by
deposition.]

7. EXHIBITS

[a. List the exhibits to be offered by each party and identify those to be stipulated
into evidence. This list should be specific enough so that other parties and the court
can understand, merely by referring to the list, each separate exhibit which will be
offered. General references such as "all deposition exhibits"or"all documents produced
during discovery"are unacceptable.]

(1) Plaintiff(s):

(2) Defendant(s):

(3) Other parties:

[The following paragraph shall be included in the final pretrial order.]

b. Copies of listed exhibits must be provided to opposing counsel and any pro se
party no later than 30 days before trial. The objections contemplated by Fed. R. Civ. P.
26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile no later
than 14 days after the exhibits are provided.

8. DISCOVERY

[Use the following language:]

Discovery has been completed.

[Unless otherwise ordered, upon a showing of good cause in an appropriate motion,

there will be no discovery after entry of the final pretrial order.]

9. SPECIAL ISSUES

[List any unusual issues of law which the court may wish to consider before trial. If
none, please state, "None."]

10. SETTLEMENT

[Include a certification by the undersigned counsel for the parties and any pro se party
that:]

a. Counsel for the parties and any pro se party met (in person) (by telephone) on
________________, 200__, to discuss in good faith the settlement of the case.

b. The participants in the settlement conference, included counsel, party

representatives, and any pro se party.

c. The parties were promptly informed of all offers of settlement.

d. Counsel for the parties and any pro se party (do) (do not) intend to hold future
settlement conferences.

e. It appears from the discussion by all counsel and any pro se party that there is
[select one]:
(a good possibility of settlement.)
(some possibility of settlement.)
(little possibility of settlement.)
(no possibility of settlement.)

f. The date of the next settlement conference before the magistrate judge or other
alternative dispute resolution method.

g. Counsel for the parties and any pro se party considered ADR in accordance with
D.C.COLO.LCivR.16.6.
 11. OFFER OF JUDGMENT

[The following paragraph shall be included in the final pretrial order:]

Counsel and any pro se party acknowledge familiarity with the provision of rule 68 (Offer
of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with
the clients against whom claims are made in this case.

12. EFFECT OF FINAL PRETRIAL ORDER

[The following paragraph shall be included in the final pretrial order:]

Hereafter, this Final Pretrial Order will control the subsequent course of this action and
the trial, and may not be amended except by consent of the parties and approval by the
court or by order of the court to prevent manifest injustice. The pleadings will be
deemed merged herein. This Final Pretrial Order supersedes the Scheduling Order. In
the event of ambiguity in any provision of this Final Pretrial Order, reference may be
made to the record of the pretrial conference to the extent reported by stenographic
notes and to the pleadings.

13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL

PREPARATION PROCEEDINGS

[State:

1. whether trial is to the court or a jury or both,

2. estimated trial time,

3. situs of trial, and

4. any other orders pertinent to the trial proceedings.]

[Counsel and the parties should note that the procedures for setting and conducting trial
and for further conferences before trial vary according to the district judge assigned to
the case. The judges all have written procedures which can be obtained from the
clerk's office.]

DATED this _____ day of _____________ 200__.

BY THE COURT:

___________________________
United States Magistrate Judge
APPROVED:

_________________________ _____________________
(Name) (Name)
(Address) (Address)
(Telephone Number) (Telephone Number)
Attorney for Plaintiff (or Plaintiff, Pro Se) Attorney for Defendant (or Defendant,
Pro Se)

[Please affix counsels' and any pro se party's signatures before submission of the final
pretrial order to the court.]
 Appendix H

[RESERVED]
 Appendix I

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. ___________________________

_________________________________________,

Plaintiff,

v.

_________________________________________,

Defendant.

INFORMATION FOR TEMPORARY RESTRAINING ORDER

__________________________________________________________

Attorney for Plaintiff ______________________________________________________________

__________________________________________ Telephone number ______________________

Attorney for Defendant _____________________________________________________________

__________________________________________ Telephone number ______________________

Concise statement as to type of claim __________________________________________________

________________________________________________________________________________

_________________________________________________________________________________

Jurisdiction (cite statute) ____________________________________________________________

Hearing: See D.C.COLO.LCivR.7.1A

Date Motion for Temporary Restraining Order filed _________________________________

Estimated length of hearing ____________________________________________________

Request hearing be set for _______ today _______ tomorrow _______ within one week

Reason why immediate action is required ______________________________________

___________________________________________________________________________
Notice:

Has opposing party and/or attorney been notified? _______Yes _______ No

If “yes,”state when _______________________ and by what means _________________

If “no,” state reason __________________________________________________________

(Rev. 11/04)
 Appendix J

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No.

UNITED STATES OF AMERICA,

Plaintiff,

v.

1.

Defendant.

PLEA AGREEMENT AND STATEMENT OF FACTS

RELEVANT TO SENTENCING

The United States of America (the government), by and through ___________________,

Assistant United States Attorney for the District of Colorado, and the defendant,

____________________, personally and by counsel, ____________________, submit the

following Plea Agreement and Statement of Facts Relevant to Sentencing pursuant to

D.C.COLO.LCrR 11.1.
I. PLEA AGREEMENT

The defendant agrees to plead guilty to ________ of the Indictment [or Information]

charging a violation of ___ U.S.C. § ____, __________________________. [Insert additional

charges, if any.]

[Set forth the complete agreement between the parties, including whether the agreement is

pursuant to Fed. R. Crim. P. 11(e)(1)(A), (B), or (C), and whether there are agreements

regarding departure from the guideline range and the amount of restitution.]
 II. ELEMENTS OF THE OFFENSE(S)

[Set forth each essential element required by law for the commission of each criminal offense to

which the defendant intends to enter a plea of guilty or nolo contendre.]

III. STATUTORY PENALTIES

[Parties should make every effort to resolve restitution issues prior to entering a plea

agreement.]

The maximum statutory penalty for a violation of ______ U.S.C. § ______ is: not more

than ____ months imprisonment; not more than $___________ fine, or both; not more than

____ years supervised release; $ _____ special assessment fee; plus ___________ restitution. [If

the exact amount of restitution is not known, explain the parties’ position on how restitution

should be determined.] [Insert, if applicable: The minimum statutory penalty is ___________

months imprisonment.]

The conviction may cause the loss of civil rights, including but not limited to the rights to

possess firearms, vote, hold elected office, and sit on a jury. [Insert if applicable: If the

defendant is an alien, the conviction may cause the defendant to be deported or confined

indefinitely if there is no country to which the defendant may be deported.]

A violation of the conditions of probation or supervised release may result in a separate

prison sentence.
IV. STIPULATION OF FACTUAL BASIS AND FACTS
RELEVANT TO SENTENCING

The parties agree that there is no dispute as to the material elements which establish a

factual basis of the offense of conviction.

Pertinent facts are set out below in order to provide a factual basis of the plea and to

provide facts which the parties believe are relevant, pursuant to § 1B1.3, for computing the

appropriate guideline range. To the extent the parties disagree about the facts relevant to

sentencing, the statement of facts identifies which facts are known to be in dispute at the time of
the plea. (§ 6B1.4(b))

The statement of facts herein does not preclude either party from presenting and arguing,

for sentencing purposes, additional facts or factors not included herein which are relevant to the

guideline computation (§ 1B1.3) or to sentencing in general (§ 1B1.4). In "determining the

factual basis for the sentence, the court will consider the stipulation [of the parties], together with

the results of the presentence investigation, and any other relevant information." (§ 6B1.4

Comm.)

The parties agree that the government’s evidence would show that the date on which

conduct relevant to the offense (§ 1B1.3) began is ___________________________.

The parties agree that the government’s evidence would be: [Insert evidence]

V. SENTENCING COMPUTATION

[Insert, if applicable: Any estimation by the parties regarding the estimated appropriate

guideline application does not preclude either party from asking the court to depart from the

otherwise appropriate guideline range at sentencing, if that party believes that there exists an

aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into

consideration by the Sentencing Commission in formulating the sentencing guidelines. (§ 5K2.0)

The parties understand that the court may impose any sentence, up to the statutory

maximum, regardless of any guideline range computed, and that the court is not bound by any

position of the parties. (§ 6B1.4(d)) The court is free, pursuant to §§ 6A1.3 and 6B1.4, to reach

its own findings of facts and sentencing factors considering the parties’ stipulations, the

presentence investigation, and any other relevant information. (§ 6B1.4 Comm.; § 1B1.4)

To the extent the parties disagree about the sentencing factors, the computations below

identify the factors which are in dispute. (§ 6B1.4(b))

A. The base guideline is § ____, with a base offense level of ____.

B. [ Insert specific offense characteristics.]

C. [Insert victim-related, role-in-offense obstruction and/or multiple count adjustments.]

D. The adjusted offense level would therefore be ____.

E. The defendant [should or should not] receive the adjustment for acceptance of

responsibility. The resulting offense level would therefore be ____.

F. The parties understand that the defendant’s criminal history computation is tentative.

The criminal history category is determined by the court. Known facts regarding the criminal

history are as follows: [insert facts]. Based on that information, if no other information were

discovered, the defendant’s criminal history category would be ____ .

G. Assuming the (tentative) criminal history facts of F. above, the career offender/criminal

livelihood/armed career criminal adjustments [would or would not] apply. [If any of these

adjustments applies, include the final offense level and/or criminal history category.]

H. The guideline range resulting from the estimated offense level(s) of [E. or G.] above, and

the (tentative) criminal history category of [F. or G.] above, is _____ months. However, in

order to be as accurate as possible, with the criminal history category undetermined at this time,

the estimated offense level(s) of [E. or G.] above could conceivably result in a range from _____

months (bottom of Category I), to _____ months (top of Category VI). The sentence would be

limited, in any case, by the statutory maximum.

I. Pursuant to guideline § 5E1.2, assuming the estimated offense level of [ E. or G.] above,

the fine range for this offense would be $ __________ to $ __________, plus applicable interest

and penalties.

J. Pursuant to guideline § 5D1.2, if the court imposes the term of supervised release, that

term shall be [insert if applicable: at least ___ years, but] not more than ____ years.

[K. Describe any restitution orders or conditions required by guideline § 5E1.1.]

VI. WHY THE PROPOSED PLEA DISPOSITION IS APPROPRIATE

The parties believe the sentencing range resulting from the proposed plea agreement is

appropriate because all relevant conduct is disclosed, the sentencing guidelines take into account
all pertinent sentencing factors with respect to this defendant, and the charges to which the

defendant has agreed to plead guilty adequately reflect the seriousness of the actual offense

behavior.

This document states the parties’ entire agreement. There are no other promises,

agreements (or "side agreements"), terms, conditions, understandings, or assurances, express or

implied. In entering this agreement, neither the government nor the defendant has relied, or is

relying, on any terms, promises, conditions, or assurances not expressly stated in this agreement.

Date:
[insert name]
Defendant

Date:
[insert name]
Attorney for Defendant

Date:
[insert name]
Assistant U.S. Attorney
 Appendix K

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No.

UNITED STATES OF AMERICA,

Plaintiff,

v.

1.

Defendant.

STATEMENT BY DEFENDANT IN ADVANCE OF PLEA OF GUILTY

(In Accordance With the Sentencing Guidelines)

I hereby acknowledge and certify that I have been advised of and that I understand the

following facts and rights, that all representations contained herein are true and correct, and that

my attorney has assisted me as I have reviewed and completed this form.

1. The nature of the charge(s) against me has been explained to me by my attorney and the

court. I have had an opportunity to discuss with my attorney and with the court the nature of the

charge(s) and the elements which the government is required to prove.

2. I know that when the court sentences me, the court will consider many factors, including

certain sentencing guidelines established by the United States Sentencing Commission pursuant

to 28 U.S.C. § 994(a), as those sentencing guidelines pertain to the crime I admit I committed,

my degree of involvement in that crime, and my personal history and background. I understand

that the court has discretion with respect to the application of the sentencing guidelines, and that

I could be sentenced to serve the maximum term and pay the maximum fine, as set out in

paragraph 3 below.
3. I know that the following penalties may be imposed upon me under the law, as a result of

my guilty plea(s):

Count ____________

a. Imprisonment for a term of [insert if applicable: not less than _____ years, but]

not more than _____ years;

b. A term of supervised release of [insert if applicable: not less than _____ years,

but] not more than _____ years, pursuant to 18 U.S.C. § 3583;

c. A fine of not more than $ __________, pursuant to the statute that I admit I

violated and/or the alternative fine schedule set out at 18 U.S.C. § 3571;

d. Restitution to the victim(s) of my crime(s) of not more than $ _________,

pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664;

e. A special assessment of $ __________, pursuant to 18 U.S.C. § 3013;

f. A prison sentence that may be imposed for a violation of the conditions of

probation or supervised release;

g. Loss of civil rights, including but not limited to the rights to possess firearms,

vote, hold elected office, and sit on a jury; and

h. Deportation from the United States if I am not a U. S. citizen and my crime

satisfies one of the conditions in 8 U.S.C. § 1227(a)(2), or indefinite confinement if there is no

country to which I may be deported.

[REPEAT a. THROUGH h. FOR ALL REMAINING COUNTS.]

4. I know that if I am convicted of more than one count, the sentences may be either

concurrent or consecutive.

5. I know that the information set out in Attachment A concerning the collection of fines

and restitution applies to me, and I acknowledge that I have read Attachment A.

6. __________ I know that if the blank at the beginning of this sentence is checked, the

information set out in Attachment B concerning the payment and collection of restitution applies
to me, and I acknowledge that I have read Attachment B.

7. I know that I can be represented by an attorney at every stage of this proceeding, and I

know that, if I cannot afford an attorney, one will be appointed to represent me at the

government’s expense.

8. I know that I have a right to plead “not guilty,” and I know that if I do plead “not guilty,”

I can persist in that plea.

9. I know that I have a right to a trial by jury, and I know that if I choose to stand trial:

a. I have a right to the assistance of an attorney at every stage of the proceeding;

b. I have a right to see and observe the witnesses who testify against me;

c. My attorney can cross-examine all witnesses who testify against me;

d. I can call such witnesses as I desire, and I can obtain subpoenas to require the

attendance and testimony of those witnesses;

e. If I cannot afford to pay the expenses that witnesses incur, the government will

pay those expenses, including mileage and travel expenses, and including reasonable fees

charged by expert witnesses;

f. I cannot be forced to incriminate myself and I do not have to testify at any trial;

g. I can testify at my trial if I choose to, and I do not have to decide whether to

testify until after I have heard the government’s evidence against me;

h. If I do not want to testify, the jury will be told that no inference adverse to me

may be drawn from my failure to testify;

I. The government must prove each and every element of the offense(s) with which

I am charged, beyond a reasonable doubt;

j. In order for me to be convicted, the jury must reach a unanimous verdict of

guilty; and

k. If I were to be convicted, I could appeal, and if I could not afford an appeal, the

government would pay the cost of the appeal, including the cost of the services of an appointed
attorney.

10. I know that if I plead guilty, there will not be a trial of any kind.

11. I know that if I plead guilty, there will be no appellate review of the question of whether

or not I am guilty of the offense(s) to which I have pled guilty.

12. I know that once this court sentences me, both the government and I may be able to seek

appellate review of the sentence imposed, pursuant to 18 U.S.C. § 3742. I understand that any

such appellate review will extend only to the question of whether a proper sentence was

imposed. I understand that the Court of Appeals will not take up the question of whether I am

guilty of the offense(s) to which I have pled guilty. I understand that I will have to serve the

sentence that is imposed by this court, subject to modification of the sentence by order of the

Court of Appeals and/or the United States Supreme Court.

13. No agreements have been reached and no representations have been made to me as to

what the sentence in this case will be, except that which is explicitly detailed in the document

entitled “Plea Agreement and Statement of Facts Relevant to Sentencing,” which will be

tendered to the court during this proceeding. I further understand that any agreements and

stipulations in the document entitled “Plea Agreement and Statement of Facts Relevant to

Sentencing” are binding on the court only if the parties ask the court in that document to be so

bound and only if the court agrees to be so bound when it accepts my guilty plea(s).

14. The only plea agreement which has been entered into with the government is that which

is set out in the document entitled “Plea Agreement and Statement of Facts Relevant to

Sentencing,” which will be tendered by the government and me in this case and which I

incorporate herein by reference.

15. I understand that the court can make no decision as to what my sentence will be until the

presentence report has been received and reviewed by the court.

16. I know that when I enter my plea(s) of guilty, the court may ask me questions under oath

about the offense(s) to which I have pled guilty. The questions, if asked of me on the record and
in the presence of my attorney, must be answered by me, and if I give false answers, I can be

prosecuted for perjury.

17. I know that I have the right to ask the court any questions that I have concerning my

rights, these proceedings, and my plea(s) to the charge(s).

18. I am __________ years of age. My education consists of____________________

_____________________________________________________________________________.

I [can] [cannot] understand the English language. (Circle either “can” or “cannot”)

19. Other than the promises of the government set out in the document entitled “Plea

Agreement and Statement of Facts Relevant to Sentencing,” no promises and no threats of any

sort have been made to me by anyone to induce me or to persuade me to enter my plea(s) in this

case.

20. No one has promised me that I will receive probation or any other form of leniency

because of my plea(s) of guilty.

21. I have had sufficient opportunity to discuss this case and my intended plea(s) of guilty

with my attorney. I do not wish to consult with my attorney any further before I enter my plea(s)

of guilty.

22. I am satisfied with my attorney. I believe that I have been represented effectively and

competently in this case.

23. My decision to enter the plea(s) of guilty is made after full and careful thought, with the

advice of my attorney, and with full understanding of my rights, the facts and circumstances of

the case, and the potential consequences of my plea(s) of guilty. I was not under the influence of

any drugs, medication, or intoxicants when I made the decision to enter my guilty plea(s). I am

not now under the influence of any drugs, medication or intoxicants.

24. I have no mental reservations concerning the entry of my plea(s).

25. Insofar as it shows conduct on my part, the summary of facts set out in the document

entitled “Plea Agreement and Statement of Facts Relevant to Sentencing” is true and correct,
except as I have indicated in that document.

26. I know that I am free to change or delete anything contained in this statement and that I

am free to list my objections and my disagreements with anything contained in the document

entitled “Plea Agreement and Statement of Facts Relevant to Sentencing.” I accept both

documents as they are currently drafted.

27. I wish to plead guilty to the following charge(s):

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________ (Specify which counts and relevant statute citations.)

Dated this _____ day of __________________________________, ________________.

Defendant

I certify that I have discussed this statement and the document entitled “Plea Agreement and
Statement of Facts Relevant to Sentencing” with the defendant. I certify that I have fully
explained the defendant’s rights to him or her and have assisted him or her in completing this
form. I believe that the defendant understands his or her rights and this statement. I believe that
the defendant is knowingly and voluntarily entering his or her plea(s) with full knowledge of his
or her legal rights, and with full knowledge of the possible consequences of his or her plea(s) of
guilty. I believe that there is a factual basis for the plea(s) entered.

Dated this _____ day of _______________________, ________________.

Attorney for Defendant

 ATTACHMENT A

COLLECTION OF FINE OR RESTITUTION BY GOVERNMENT

AND PENALTY FOR FAILURE TO PAY
(See 18 U.S.C. §§ 3611-15)

1. I understand that I will be required to pay interest on any fine or restitution of more than
$2,500 unless the fine or restitution is paid in full before the fifteenth day after the date of the
judgment or unless interest is waived by the court.

2. I understand that unless modified by the court, interest will be computed daily at a rate
equal to the weekly average one-year constant maturity treasury yield, as published by the Board
of Governors of the Federal Reserve System, for the calendar week preceding the first day on
which I am liable for interest.

3. I understand that if a fine or restitution becomes delinquent, I shall be required to pay, as

a penalty, an amount equal to ten percent of the principal amount that is delinquent.

4. I understand that if a fine or restitution becomes in default, I shall be required to pay, as a

penalty, an amount equal to 15 percent of the principal amount that is delinquent.

5. I understand that in addition to any other collection procedures, any fine or restitution
may give rise to the creation of a lien in favor of the United States upon my property and rights
of property for payment of such fine or restitution as if my liability were a liability for a tax
assessed under the Internal Revenue Code.

6. I understand that if I willfully fail to pay my fine or restitution, the court may revoke my
probation or term of supervised release, modify the conditions of my supervision, or resentence
me to any sentence which originally might have been imposed.

7. I understand that if I willfully fail to pay my fine, I may be guilty of a separate offense in
addition to the offense(s) to which I am pleading guilty. I understand that if I am convicted of
this new offense, which is called “Criminal Default” and is set out in 18 U.S.C. § 3615, I may be
fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is
greater, imprisoned not more than one year, or both.
 ATTACHMENT B

RESTITUTION
(See 18 U.S.C. §§ 3663, 3663A, and 3664)

1. I understand that in addition to any incarceration, supervised release, probation, fine and
other penalties which may be imposed by the court, I also may be required to make restitution to
any victim(s) of the offense(s) which I admit I committed, to compensate the victim(s) for any
losses they may have sustained as a result of my conduct.

2. I understand that an order of restitution may be enforced by the government in the

manner provided for the collection of fines and restitution under 18 U.S.C. §§ 3611-15 (see
Attachment A), or in the same manner as a judgment in a civil action. I further understand that
any victim named in the restitution order may enforce the order in the same manner as he/she
would enforce a judgment in a civil action.
 Appendix L
**
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Action No. ____________

UNITED STATES OF AMERICA,

Plaintiff,

v.

1.
2.
3.

Defendants.

(Title of Pleading or Paper)

** Space should be provided for the court filing stamp in the upper right corner of the first page
of each document.

(Rev. 04/15/02)
 Appendix M
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. __________________________

Plaintiff(s),

v.

Defendant(s).

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO

EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR
72.2, you are hereby notified that a United States magistrate judge of this district court is available to handle
all dispositive matters in this civil action, including a jury or nonjury trial, and to order the entry of a final
judgment. Exercise of this jurisdiction by a magistrate judge, however, is permitted only if all parties
voluntarily consent and the district judge orders the reference to a magistrate judge under 28 U.S.C. § 636(c).

You may, without adverse substantive consequences, withhold your consent, but this will prevent the
court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of
the parties consenting or withholding consent will not be communicated to any magistrate judge or to the
district judge to whom the case has been assigned.

Pursuant to D.C.COLO.LCivR 72.2, no district judge or magistrate judge, court official, or court
employee may attempt to influence the granting or withholding of consent to the reference of any civil matter
to a magistrate judge under this rule.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the appropriate
United States Court of Appeals in the same manner as an appeal from any other judgment of a district court.

If this civil action has been referred to a magistrate judge to handle certain nondispositive matters,
that reference shall remain in effect. Upon entry of an order of reference pursuant to 28 U.S.C. § 636(c), the
civil action will be drawn randomly to a magistrate judge, excluding the magistrate judge previously assigned.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES

MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR 72.2, the
parties in this civil action hereby voluntarily consent to have a United States magistrate judge conduct any and
all further proceedings in the case, including the trial, and order the entry of a final judgment.

Signatures Party Represented Date

Print

Print

Print

(Rev. 04/15/02)
 Appendix N

JUDICIAL OFFICER INITIALS

Chief Judge Wiley Y. Daniel WYD

Senior Judge Richard P. Matsch RPM
Senior Judge John L. Kane JLK
Senior Judge Zita L. Weinshienk ZLW
Senior Judge Lewis T. Babcock LTB
Senior Judge Walker D. Miller WDM
Judge Marcia S. Krieger MSK
Judge Robert E. Blackburn REB
Judge Philip A. Brimmer PAB
Judge Christine M. Arguello CMA

Magistrate Judge Michael J. Watanabe MJW

Magistrate Judge Boyd N. Boland BNB
Magistrate Judge Craig B. Shaffer CBS
Magistrate Judge Michael E. Hegarty MEH
Magistrate Judge Kristen L. Mix KLM
Magistrate Judge Kathleen M. Tafoya KMT
Magistrate Judge David L. West DLW
Magistrate Judge Gudrun J. Rice GJR

Senior Circuit Judge David M. Ebel DME

(Rev. 12/01/10)
 Appendix O

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

IN THE MATTER OF )
RULES OF PROFESSIONAL CONDUCT ) Administrative Order 2007-6

D.C.COLO.LCivR 83.4 and D.C.COLO.LCrR 57.6 set forth the standards of professional

responsibility applicable in this court. Those standards incorporate the Colorado Rules of

Professional Conduct, as adopted by the Colorado Supreme Court, en banc, on April 12, 2007,

and scheduled to take effect January 1, 2008. This court, however, will not incorporate or adopt

the following provisions adopted by the Colorado Supreme Court:

• (1) Colo. RPC 1.2(c) (limiting scope of representation);

• (2) Colo. RPC 4.2, Comment [9A] (communication with person to whom counsel

is providing limited representation);

• (3) Colo. RPC 4.3, Comment [2A] (dealing with person to whom counsel is

providing limited representation); and

• (4) Colo. RPC 6.5 – Nonprofit and Court-Annexed Limited Legal Services

Programs (See Comment [2] [“A lawyer who provides short-term limited legal

services pursuant to this Rule must secure the client's informed consent to the

limited scope of the representation. See Rule 1.2(c).”])

Those rules were adopted to permit limited representation by counsel. They are not consistent

with Fed. R. Civ. P. 11 and are also inconsistent with the view of the judges of this court

concerning the ethical responsibility of members of the bar of this court.

Additionally, the Colorado Supreme Court adopted on April 12, 2007, Colo. RPC

1.16(b)(1) – Declining or Terminating Representation by Counsel – Permissive Withdrawal.

The rule is inconsistent with D.C.COLO.LCivR 83.3D and D.C.COLO.LCrR 57.5D, Withdrawal
of Appearance.

Finally, the Colorado Supreme Court adopted on April 12, 2007, Colo. RPC 4.4(b) –

Respect for Rights of Third Persons – Inadvertent Disclosure. This court will not require

adherence to Rule 4.4(b). Rule 26 of the Federal Rules of Civil Procedure and interpretive case

law provide comprehensive procedures regarding the issue of inadvertent production of

privileged and protected information. Accordingly, it is now

ORDERED that the above described changes to the Colorado Rules of Professional

Conduct are not applicable:

a) in this court; and

b) in the United States Bankruptcy Court for the District of Colorado in adversary

proceedings or matters governed by Fed. R. Bankr. P. 9014. In addition, any limitation in the

scope of representation of a Debtor, whether in a bankruptcy case or adversary proceeding, shall

be disclosed in the statement required by 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016(b).

This Administrative Order supersedes Administrative Order1999-6 and shall take effect

January 1, 2008.

Dated this 15th of October, 2007.

BY THE COURT:

s/ Edward W. Nottingham
Edward W. Nottingham, Chief Judge